At a glance
Policy ID: 157
Status: On hold
Priority: Low
Issue Summary
IP Australia received a submission from a stakeholder that proposed amendments to the Designs Act 2003 to expand the circumstances in which an exclusive licensee can bring infringement proceedings. The proposal relates to situations where a licence grants exclusive rights in relation to only some uses, activities or territories, rather than all rights associated with a registered design.
The stakeholder considers that the current definition of an exclusive licensee may not reflect common commercial licensing arrangements and may limit the ability of some licensees to enforce their rights. The proposal would allow a broader range of exclusive licensees to commence infringement proceedings where they hold exclusive rights under a licence agreement.
History
On Hold, 28 September 2026