Clarify ambiguity in section 19 of the Designs Act.

Currently, section 19 of the Designs Act 2003 lists the factors to be considered in assessing whether a design is substantially similar in overall impression to another design. However, two different approaches to determining who satisfies this standard have emerged in Australian case law which has led to uncertainty and increased costs for stakeholders and in design litigation.

Amendment of section 19 may clarify the ambiguity and ensure more predictability for examination of designs.