Unjustified threats - designs

IP Australia received a submission from a stakeholder that proposed amendments to the Designs Act 2003 to clarify the operation of the unjustified threats provisions.

At a glance

Policy ID: 159

Status: On hold

Priority: Low

Design rights

Issue Summary

IP Australia received a submission from a stakeholder that proposed amendments to the Designs Act 2003 to clarify the operation of the unjustified threats provisions. The proposal seeks to clarify whether a design must have been examined and certified at the time an alleged threat of infringement proceedings is made, rather than at a later point in time.

The issue arises from the Federal Court's interpretation of sections 77, 78 and 73 of the Designs Act in GM Global Technology Operations LLC v SSS Auto Parts Pty Ltd (2019). The stakeholder considers that legislative clarification may be needed to ensure the provisions operate consistently with their intended purpose.

History

On Hold, 28 September 2026

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