Policy ID: 
94
Status: 
On hold
Priority: 
Low
Issue summary: 

Section 117 of the Designs Act prohibits trusts being entered in the Register, as such, trustees are unable to apply for a design right.

This prohibition is not aligned with the Trade Marks Act and Plant Breeders Rights Act. Both of which do not include a provision specifically prohibiting the entering of trust information in the Register. However, section 188 of the Patents Act excludes trusts being entered in the Register. There is not alignment among the four IP rights on the matter of trusts owning an IP Rights and there may be good policy reasons to keep the current arrangements.

History: 
On hold 08-Aug-2019
Comments: 
Low priority, IP Australia does not have sufficient evidence of a problem to justify action at this time.
Tag: 
Designs
195