Document ID: chunk:federal_register_of_legislation:C2024C00672:section:18
Version: federal_register_of_legislation:C2024C00672
Segment Type: section
Provision Reference: s 18
Character Range: 34556–35689

18  Certain designs not to be treated as other than new and distinctive
 (1) This section applies if:
 (a) copyright under the Copyright Act 1968 subsists in an artistic work; and
 (b) an application is made by, or with the consent of, the owner of that copyright for registration of a corresponding design.
 (2) The design is not to be treated, for the purposes of this Act, as being other than new and distinctive, or as having been published, by reason only of any use previously made of the artistic work, unless:
 (a) the previous use consisted of, or included, the sale, letting for hire or exposing for sale or hire of products to which the design had been applied industrially, other than products specified in regulations for the purposes of paragraph 43(1)(a); and
 (b) the previous use was by, or with the consent of, the owner of the copyright in the artistic work.
Note: Certain uses of the design are disregarded: see subsection 17(1E).
 (3) In this section:
applied industrially has the meaning given by regulations under section 77 of the Copyright Act 1968.

Division 2—Substantial similarity in overall impression