Industrial Designs Law in Cocos (Keeling) Islands (Australia)
Here’s an overview of industrial designs law in the Cocos (Keeling) Islands (Australia):
🇨🇨 Industrial Designs Law in the Cocos (Keeling) Islands
🔹 Legal Context
The Cocos (Keeling) Islands are an Australian external territory.
Australian federal law, including intellectual property law, applies in the territory.
Therefore, industrial designs in the Cocos Islands are protected under Australian law.
🔹 Governing Law
The relevant law is the Designs Act 2003 (Cth) (Commonwealth legislation).
The law is administered by IP Australia, the Australian government agency responsible for intellectual property rights.
🔹 What Can Be Protected?
New and distinctive industrial designs relating to the appearance of a product.
This includes:
Shape
Configuration
Pattern
Ornamentation
The design must be original and not previously disclosed.
🔹 Registration Process
Application: File with IP Australia.
Examination: There is no substantive examination before registration unless the design is contested.
Registration: Once filed, the design is registered.
Publication: Designs are published in the Designs Journal.
🔹 Duration and Renewal
Initial registration period: 5 years.
Renewable for an additional 5 years, making a maximum protection term of 10 years.
🔹 Rights Granted
The registered owner has exclusive rights to use the design and to prevent others from using or copying it without permission.
Rights can be licensed or assigned.
🔹 Enforcement
Enforcement is through the Australian court system.
Remedies include injunctions, damages, and destruction of infringing goods.
🔹 International Treaties
Australia is a member of:
Paris Convention
Hague Agreement (for international registration of industrial designs)
TRIPS Agreement
Summary Table
| Aspect | Details |
|---|---|
| Governing law | Designs Act 2003 (Cth) |
| Authority | IP Australia |
| Duration | 5 years, renewable once (max 10 years) |
| Registration | Required |
| Rights granted | Exclusive use, licensing, assignment |
| Enforcement | Australian courts |
| International treaties | Paris, Hague, TRIPS |
Key Takeaway
For industrial design protection in the Cocos (Keeling) Islands, apply under Australian law via IP Australia.
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