23 July 2020

We are seeking your views on an exposure draft of the Designs Amendment (Advisory Council on Intellectual Property Response) Bill and Designs Amendment (Advisory Council on Intellectual Property Response) Regulations (‘draft legislation’). The release of the draft legislation follows our earlier consultation on Implementing accepted recommendations from ACIP’s Review of the Designs System

The draft legislation would amend the Designs Act to deliver early benefits to designers, by implementing the following proposals:

•    Introducing a 12 month grace period to help protect designers from losing their rights through inadvertent disclosures made prior to filing.
•    Expanding the existing limited prior use defence to protect third parties who started preparations to make a design before someone else tried to register it.
•    Simplifying the design registration process by removing the publication option and making registration automatic six months after filing
•    Aligning with the other IP Rights by giving exclusive licensees legal standing to sue for infringement
•    Making a number of technical improvements to the Designs Act

In parallel, IP Australia is working on a new online filing system to make the application process smoother, improving access to information on our website, and investigating further reform measures resulting from exploratory research into the design economy and the role of the design rights system (see Design Review Project). You can read more about IP Australia’s other design initiatives here.

Consultation closes on 28 August 2020. 

For further information on the draft legislation and to provide a submission please visit our consultation page.