Upon or after filing a design application, an applicant may currently request either publication or registration of the design. A design application lapses if a request is not made within the prescribed period, which is typically six months from the priority date. The option of publication was provided as a way for applicants to make a design public and thereby prevent others from obtaining certification for the same design. However, to date very few applicants have requested publication. The option of publication complicates the designs system. Also, requiring applicants to request registration imposes an administrative burden on the great majority of applicants and can result in the unintended lapsing of applications.
On hold 04-Sept-2017
Policy Development 01-Jul-2019
Consultation 31-Oct-2019 to 20-Dec-2019
Policy development 20-Dec-2019 to 12-May-2020
Legislative drafting 12-May-2020
Public consultation on this issue first took place from November 2016 - February 2017.
IP Australia conducted a public consultation from 31 October to 20 December 2019 on policy issues being considered for inclusion in a Designs Bill in 2020. Consultation is now closed.
This issue will be included in a 2020 Designs Bill. Further details can be found in our response to the consultation.
IP Australia is also undertaking a more holistic review of the designs ecosystem, as part of the Designs Review Project.