DESIGNS ACT 2003 - SECT 16 Designs that are identical or substantially similar in overall impression
DESIGNS ACT 2003 - SECT 16
Designs that are identical or substantially similar in overall impression(1) A design is new unless it is identical to a design that forms part of the prior art base for the design.
(2) A design is distinctive unless it is substantially similar in overall impression to a design that forms part of the prior art base for the design (see section 19).
(3) Subject to paragraph 15(2)(c), the newness or
distinctiveness of a design is not affected by the mere publication or public
use of the design in Australia on or after the priority date of the design, or
by the registration of another design with the same or a later priority date.