##### 17 New or original design may be registered (1) Subject to this Act, a design shall not be registered unless it is a new or original design and, in particular, shall not be registered in respect of an article if the design: (a) differs only in immaterial details or in features commonly used in the relevant trade from a design that, before the priority date in respect of the application for registration, was registered, published or used in Australia in respect of the same article; or (b) is an obvious adaptation of a design that, before the priority date in respect of the application for registration, was registered, published or used in Australia in respect of any other article. (1A) For the purposes of subsection (1), account shall not be taken of any secret use. (2) The regulations may make provision for the exclusion from registration under this Act of designs for such articles, being articles that are primarily literary or artistic in character, as are specified in the regulations.

Previous sectionPart IVRegistration of designs Next section17ACertain designs not to be treated as other than new or original etc.