Legislative uncertainty about the requirements of a common design

At a glance

Policy ID: 92

Status: On hold

Priority: Low

Design rights

Issue summary

The concept of a common design is difficult to understand, interpret, and consistently apply due to the vague wording in s 22 (1) ss (b) of the Designs Act. This section identifies that a single design application may be made in respect of one design that is a common design, in relation to more than one product. However, the exact meaning of ‘more than one product’ (including how different the products need to be) is uncertain.

History

  • Identified for action 8-Aug-2019
  • Reviewed February-2021

Comments

Medium priority, further analysis is being undertaken on the issue including non-legislative solutions.

Priority and status reviewed February 2021 IP Policy Committee meeting. Content updated.

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