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Validity

A registered design is invalid if it does not comply with the requirements for registration, in particular that the design was new and had individual character at the date of application.

An application for a declaration of invalidity can be filed by any interested party.  However invalidity is usually considered as a defence against an allegation of infringement.  This may be in negotiations prior to an action being brought for infringement, or as a defence to such an action. 

For an application for a declaration of invalidity to be successful, proof must be found of the lack of novelty or individual character.  This must include details of the prior publication of the design by a party other than the proprietor, if within twelve months of the application date, or by anyone if more that twelve months prior to the application date.  To prove a lack of individual character an assessment of other similar designs at the application date must be made to show the differences between these other designs and the application and to show the degree of freedom available to the designer.