Updated non-legislative instruments for designs

We've published two instruments in the Official Journal of Designs.

Designs (Formal requirements for Designs Documents) Instrument 2022

Designs (Means and Form of Filing Documents) Instrument 2022

The Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (ACIP Act) amends the Designs Act to allow the Registrar of Designs (‘the Registrar’), by way of non-legislative instruments, to:

  • determine the formal requirements for a design application, and
  • determine the means and form of filing a document with the Designs Office.

One of the main benefits of this reform is that it enables the formal requirements to be more readily updated. It will also provide greater flexibility to the Registrar to manage design filings in a manner that meets the needs and expectations of applicants. Where applicants do not meet these requirements, they will have the usual opportunities to correct their filing.

IP Australia has published two instruments in the Official Journal of Designs in contemplation of their commencement. They set out the requirements in relation to:

  • information included in a design application
    • Designs (Formal Requirements for Designs Documents) Instrument 2022.
  • the means and form of filing documents
    • Designs (Means and Form of Filing Documents) Instrument 2022.

These instruments will commence at the same time as the corresponding parts in the IP Amendment Act, which will be on 10 March 2022. These instruments will apply to applications made on or after 10 March 2022. Copies of the instruments are included on the IP legislation page.

The Designs Examiners’ Manual of Practice and Procedure is being updated to reflect changes. Users are encouraged to consult the manual if they are uncertain what requirements apply to their situation.