Reconsider treatment of virtual or non-physical designs e.g. allow the consideration of such designs in an active state not just resting state, when considering validity and potentially granting an enforceable right

At a glance

Policy ID: 43

Status: Policy development

Priority: High

Design rights ACIP

Issue summary

In its 2015 Review of the Designs System in Australia, the former Advisory Council on Intellectual Property (ACIP) recommended that the treatment of virtual or non-physical designs be reconsidered, for example by allowing consideration of the product in which the virtual or non-physical design is applied to in its active state, not just its resting state, when considering validity. The government noted the recommendation in May 2016, and committed IP Australia to carry out further consultation.

Non-physical or virtual designs are designs that impact the appearance of products but which are implemented via software on screens, such as designs relating to screen displays, graphical user interfaces and screen icons. There are a large number of registered designs that relate to graphical user interfaces and other non-physical designs, although very few of these registrations are certified. As a result the status of protection of non-physical or virtual designs in Australia is uncertain.

History

  • Policy development 04-Sept-2017
  • Consultation 31-Oct-2019 to 20-Dec-2019
  • Policy development 20-Dec-2019
  • On hold 12-May-2020
  • Status reviewed August 2020

Comments

IP Australia conducted a public consultation from 31 October to 20 December 2019 on policy issues being considered for inclusion in the Designs Bill in 2020.

IP Australia has published the submissions received during consultation along with our response to those submissions on our Consultation Hub.

Following our consultation, this issue will not be progressed at this stage. Our reasoning can be found in our response to the consultation.

If you wish to provide us with further feedback on this issue, we invite you to use the form below.

Further initiatives are being considered under the Designs Reform Project which is founded on a holistic review of the design ecosystem and its impact on the Australian economy.  We will continue to engage with stakeholders on this work.

This issue is being considered further as part of IP Australia’s program of designs reform.

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