Dealing with oppositions
The Designs Act 2003 allows you to dispute actions undertaken by other parties or by IP Australia. Examples of opposition proceedings include disputing the entitlement an applicant has to a design or the findings of the examination process. Whilst rarely used, having this option available to you may assist in securing protection for your design.
Due to the complex nature of disputes you should consider consulting with an IP professional before undertaking any opposition proceedings.
Request a hearing
You may wish to request a hearing to argue a case in relation to formalities objections or examination findings. You may also request a hearing as a precaution if you are responding to an examination notice near the end of the 6 month period and have concerns about the loss of your design rights if the examiner does not agree with your response. If you choose to request a hearing, fees apply. You should consult the advice of an IP professional if you are considering requesting a hearing.
All decisions of the IP Australia Designs Office since 1982 are available on the Australian Legal Information Institute website.
Either party may file an appeal against any decision issued by a delegate. An appeal is usually to the Federal Court of Australia.
Last Updated: 23/11/2013