At a glance
Policy ID: 162
Status: On hold
Priority: Low
Issue Summary
IP Australia received a submission from a stakeholder that proposed amendments to the Designs Act 2003 to clarify whether authorising another person to engage in conduct that infringes a registered design should itself constitute infringement.
The stakeholder argues that the Designs Act gives registered design owners the exclusive right to authorise other people to use their design, but the infringement provisions do not clearly make it unlawful to authorise someone else to commit an infringing act. As a result, there may be uncertainty about whether a person who directs, permits or encourages another person to infringe a registered design can be held liable under the Act, even though design owners are granted an exclusive right to control that conduct.
The stakeholder considers this inconsistency weakens the protection provided by registered designs. While a design owner may sometimes be able to rely on other legal remedies, such as common law principles relating to joint wrongdoing, these remedies can be difficult to apply. The stakeholder has suggested amending the Designs Act so that authorising an infringing act is itself treated as infringement, bringing the designs system more closely into line with the approach taken in copyright and patent law.
History
On hold, 28 September 2026