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.>
Public consultation on this issue took place from November 2016 - February 2017.
Due to a number of high priority proposals resulting from the Government's response to the PC inquiry this proposal has been downgraded to Medium priority. This issue has been placed on hold for further consideration at a later date.