Designs Act changes

Changes made by the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 relevant to the Designs Act 2003

Schedule 1 - Raising the quality of granted Patents

Schedule 1 is not applicable to the Designs Act 2003.

Schedule 2 - Free access to Patented inventions for regulatory approvals and research

Schedule 2 is not applicable to the Designs Act 2003.

Schedule 3 - Reducing delays in resolution of Patent and Trade Mark applications

Schedule 3 is not applicable to the Designs Act 2003.

Schedule 4 - Assisting the operations of the IP profession

Schedule 4 is not applicable to the Designs Act 2003.

Schedule 5 - Improving mechanisms for Trade Mark and Copyright enforcement

Schedule 5 is not applicable to the Designs Act 2003.

Schedule 6 - Simplifying the IP system

ChangeDescription
Jurisdiction of the courts Sections 28, 50, 52, 54, 67, 68, 82, 83A, 84 to 89 - changes provide the Federal Magistrates' Court with the jurisdiction to hear and decide designs matters.
Designs sub-offices & the filing of documents Section 125 - removes the requirement that there must be a sub-office of the Designs Office in each State. Provides flexibility to the Registrar to discontinue sub-offices in the future when e-business channels are sufficiently reliable. Section 136A - consequential amendment which clarifies that there need not necessarily be sub-offices. Section 144 - consequential amendment to clarify that 'prescribed means' is not limited to filing only at a sub-office but applies more generally and includes filing at the Designs Office.
Updating defined phrases Sections 5 and 5A - insert and revise definitions for phrases listed in section 5. The new definitions are for: 'convention country', 'Federal Court' and 'prescribed court'.

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Last Updated: 18/1/2013

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