Australia has absolute novelty requirements which means that the the design must be new (must not have been published) and distinctive in Australia as well as elsewhere in the world at the time of filing the application, or at the priority date of the application (for overseas clients).
Infringement searches should be carried out prior to using or adopting a design.
It is also noted that different countries may use different names for protection of the visual appearance of an article and advice should be sought from a registered patent attorney prior to any searches being conducted.
Searching is a specialist task and it is recommended that searches be carried out by a registered Patent Attorney.

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