Bird & Bird Intellectual Property’s Post

🇦🇺 What does "examination at rest" mean for your design's protection? In a recent decision, the Australian Designs Office confirmed that transient elements, visible only when a product is switched on, cannot be registered as a design. This ruling reinforces the principle that only permanent features in "at rest" states are eligible for protection. Key takeaways: ✍️ Under the Australian Designs Act 2003, the overall appearance of a product resulting from one or more visual features can be registered as a design. ✍️ The Designs Office examines designs "at rest," meaning products are considered switched off during examination. ✍️ Images displayed on a screen when a product is on are not considered visual features for design comparison. Our latest article by Shehana Wijesena explores the implications for products with transient visual features arising from this decision. As the Designs Act undergoes review, there may be future changes to include virtual designs, but for now, the focus remains on permanent features. Read the full article to delve deeper into this ruling and its impact on design law: https://lnkd.in/egCeg2S2 #designprotection #intellectualproperty #australianlaw #designregistration #designwrites

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