At a glance
Policy ID: 92
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.
- Identified for action 8 August 2019
- Reviewed February 2021
- Consultation 13 June 2023
IP Australia is consulting on proposed changes to Australia’s designs system for a more modern and accessible design rights system that drives innovation and delivers greater benefits to the Australian economy.
The consultation includes consideration of partial designs — the protection of only part of a product made in one piece.
As part of that proposal, we're consulting on whether common designs should be discontinued, due to the problems identified in this issue, and a lack of need for them if partial designs are available.
Find out more about the consultation and have your say at consultation.ipaustralia.gov.au.