Allow the Registrar to request further representations where the full scope of the design is unclear

At a glance

Policy ID: 95

Status: On hold

Priority: Low

Design rights

Issue summary

Currently, regulation 3.01(c) of the Designs Regulations requires that at least one representation must be provided for in the design filed. However, there is little, if any, legislative requirement as to what is contained within that representation.

This means that where a single representation is provided showing only one limited view of a design it may cause issues at the examination stage where some features of the design are unknown or unclear. Currently, there is no recourse for the Registrar to request additional representations to clearly determine the scope of the design. This may cause difficulties at the examination stage if features of the design are unknown.

History

  • Identified for action 08-Aug-2019
  • Reviewed August 2020

Comments

Medium priority, this issue may be considered as part of the broader review of the Australian Designs system

Status and priority reviewed August 2020 IP Policy Committee meeting.

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