GRACE PERIOD NOTES
GRACE PERIOD DURATION and COMMENCEMENT
- Twelve months ending the day before the priority date s17(1)
- 10 March 2022 commencement
GRACE PERIOD COVERAGE
- Publication or use by the registered owner or a predecessor in title s17(1)(a)
- Disclosure by a person authorised by the owner s17(1)(b), s17(1C)
- Disclosure by a person if derived or obtained from the owner s17(1)(b)
LIMITS
- No protection from unrelated third party publication
- Prior use defence for third parties who began using before priority date s71A
ADMINISTRATION
- Applies automatically—no declaration required at filing
- Declaration can be submitted when or if needed post-registration
- Declaration to specify date and circumstances of publication
IMPORTANT EXCEPTION !
- Publication by a foreign designs law office or WIPO is NOT covered s17(1B)
