Document ID: chunk:federal_register_of_legislation:C2024C00672:section:9
Version: federal_register_of_legislation:C2024C00672
Segment Type: section
Provision Reference: s 9
Character Range: 22594–23600

9  Simplified outline
  The following is a simplified outline of this Chapter:

      This Chapter sets out matters relating to design rights.
      Part 2 specifies the exclusive rights of the registered owners of a registered design.
      Part 3 specifies:

                (a) who is entitled to be registered as the owner of an unregistered design; and
                (b) who is the registered owner of a registered design.
      Part 4 defines the key concepts of registrable design, newness, distinctiveness and substantial similarity. These concepts are important because:

                (a) in examining a design under Chapter 5, the Registrar must decide whether it is new and distinctive when compared to the prior art base; and
                (b) in deciding whether a person has infringed a registered design under Chapter 6, a court must consider whether the allegedly infringing design is substantially similar in overall impression to the registered design.

Part 2—Design rights