The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (IP Amendment Act) amends the Designs Act to allow the Registrar, by way of non-legislative instruments, to:
- determine the means for filing a document with the Designs Office,
- give a direction specifying the form in which a document is to be filed,
- give a direction in relation to the filing of evidence in connection with a matter arising under the Designs Act or the regulations, and
- determine the means for paying a fee.
Moving the requirements to non-legislative instruments provides flexibility to adopt more efficient processes as they become available.
IP Australia has published three instruments in the Official Journal of Designs in preparation for their commencement. They set out the requirements in relation to:
- the approved and preferred means of paying fees:
- the means of filing documents: Designs (Means of Filing Documents) Determination 2019 in PDF format [116.71 KB]
- the means and form of filing evidence and opposition documents:
The instruments do not substantially change the requirements that presently apply in relation to these matters.
These instruments will commence at the same time as the corresponding parts in the IP Amendment Act, which will be on 24 February 2019, unless proclaimed to commence earlier.
Copies of the instruments are included in this notice.
The Manual of Practice and Procedure and the Objective Connect User Guide are being updated to reflect these changes. Users are encouraged to consult the Manual and the Guide if they are uncertain what requirements apply to their situation.