Adjust Extensions of Time provisions of the Designs Act

Issue summary

Design rights holders and applicants can apply to extend a number of time periods in the designs legislation under various circumstances. The extension of time system needs to balance the interest of design applicants and rights owners, who may risk losing their rights by not completing actions on time, with the interests of third parties, who need certainty about whether design rights are in force.

Under the draft Design Law Treaty, should Australia accede once finalised, legislative amendments to Australian law would be required to provide a third type of extension of time. This extension must be granted if an applicant failed to comply with the deadline in spite of due care required by the circumstances having been taken.

These amendments would also bring extensions of time more in line with other IP rights, such as patents, which incorporates similar changes to be compliant with the Patent Law Treaty.

History

• Policy Development 5 December 2022