Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd [2021] FCA 208

Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd [2021] FCA 208

Disclosure of the Registered Design to the Certified Installer Network in April and May 2010 did not constitute publication, as the recipients fell under an obligation of confidence; Sun-Wizard failed to demonstrate that the Registered Design lacked newness or distinctiveness compared to the prior art base; accordingly, grounds for revocation were not established.

Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Appeal Under Designs Act 2003 (cth) S 68(6) / Judgment After Hearing De Novo
Outcome
Appeal allowed; Registrar's delegate's decision set aside
Legal Topics
['design Registration' 'newness and Distinctiveness' 'obligation of Confidence' 'prior Art' 'revocation of Design']
['intellectual Property'] ['design Registration' 'newness and Distinctiveness' 'obligation of Confidence' 'prior Art' 'revocation of Design']

Case Brief

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Procedural Posture

Appeal Under Designs Act 2003 (cth) S 68(6) / Judgment After Hearing De Novo

Legal Issues

  1. 1 ['Whether the Registered Design for a solar bollard was new and distinctive compared to the prior art base' 'Whether disclosure to the Certified Installer Network constituted publication depriving the design of newness and distinctiveness' 'Whether members of the cohort fell under an obligation of confidence so that disclosure to them was not publication']

Ratio Decidendi

Disclosure of the Registered Design to the Certified Installer Network in April and May 2010 did not constitute publication, as the recipients fell under an obligation of confidence; Sun-Wizard failed to demonstrate that the Registered Design lacked newness or distinctiveness compared to the prior art base; accordingly, grounds for revocation were not established.

Court Disposition

Appeal allowed; Registrar's delegate's decision set aside

Orders

  • ['The appeal from the decision of the delegate of the Registrar of Designs given on 17 October 2017 is allowed.' "The decision of the Registrar's delegate is set aside." 'The parties file and serve written submissions as to the question of costs within 14 days.']