Change terminology from 'registered design' to something else (e.g. 'uncertified design')

Policy ID: 
37
Status: 
Identified for action
Priority: 
High
Issue summary: 

Currently, registration of a design occurs following a formalities check and substantive examination occurs only on request. If the design is found to have met the substantive requirements of the Act it will be certified and only then is it enforceable.

However, a person unfamiliar with the system may assume that a registered design will provide an enforceable right. This may lead to disappointment or frustration with the Australian designs system, particularly if third parties believe a registered design to be enforceable when it is not.

In its 2015 'Review of the Designs System' in Australia, the former Advisory Council on Intellectual Property (ACIP) recommended that the terminology for a registered but uncertified design be changed to make it clear that the design is not enforceable until certified. The government accepted the recommendation in May 2016.

History: 
Policy development 04-Sept-2017
Comments: 

High priority, due to public interest in improving the Australian designs system, as highlighted in ACIP's report.

Anticipated for inclusion in a Designs Bill in 2019.

Tag: 
ACIP
Designs

Policy feedback

Mandatory fields are marked with an asterisk *

More information
  • Files must be less than 10 MB.
  • Allowed file types: jpg jpeg png rtf pdf doc docx.
By clicking the submit button below, you consent to any personal information you provide through this form being handled in accordance with the Privacy Notice and the IP Australia Privacy Policy

Privacy Notice

The personal information you provide to the Policy Register (including through any submissions) is collected by IP Australia for the purposes of gaining stakeholder insights and feedback into various policy issues and feedback on the Policy Register trial. Your personal information is handled in accordance with our Privacy Policy and is protected by the Privacy Act 1988. Our Privacy Policy states how you may access and correct the personal information we hold; how we protect your personal information; how you may make a privacy complaint and how we will deal with your complaint; and the contact details for IP Australia’s Privacy Contact Officer. Please read our Privacy Policy for more information.

Any personal information you provide will be used for the purposes of administering the Policy Register and the Policy Register trial, responding to feedback, and contacting you in relation to any feedback. IP Australia may provide any personal information collected to IP Australia staff, the Department of Industry, Innovation and Science and the relevant Ministers’ offices. IP Australia will not disclose your personal information to any overseas recipients.

Whilst your personal information may be provided anonymously, IP Australia may not be able to contact you or respond to your feedback.

IP Australia will not otherwise use or disclose your personal information without your consent, unless authorised or required by or under law. By providing any personal information to the Policy Register (including through any submissions), you consent to your personal information being handled in accordance with this privacy notice and the IP Australia Privacy Policy.