Policy ID: 
In Parliament
Issue summary: 

In its 2015 'Review of the Designs System' in Australia, the former Advisory Council on Intellectual Property (ACIP) recommended that the status of a design right during the grace period for payment of the renewal fee be clarified as proposed in IP Australia’s streamlining proposals in 2015. The government accepted the recommendation in May 2016.


On hold 04-Sept-2017

Policy Development 01-Jul-2019

Consultation 31-Oct-2019 to 20-Dec-2019

Policy development 20-Dec-2019

On hold 12-May-2020

Legislative drafting 28-Aug-2020 to 02-Dec-2020

In Parliament 02-Dec-2020


Public consultation on this issue first took place from November 2016 to February 2017. 

From 23 July to 28 August 2020 IP Australia consulted on an exposure draft of the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (Designs Bill) and the Designs Amendment (Advisory Council on Intellectual Property Response) Regulations 2020 along with the accompanying draft explanatory memorandum and draft explanatory statement.

The submitted responses and our response are published on our Consultation Hub.

The Designs Bill aims to deliver early benefits to designers as part of a broad range of design reforms and initiatives being undertaken by IP Australia.

Further initiatives are being considered under the Designs Reform Project which is founded on a holistic review of the design ecosystem and its impact on the Australian economy.  We will continue to engage with stakeholders on this work.

Prior to the consultation on the exposure draft of the Designs Bill 2020, we conducted a public consultation from 31 October to 20 December 2019 on those policy issues being considered for inclusion in the Bill.

The submissions to that consultation and our response are also published on our Consultation Hub.

This issue is included in the Designs Bill which was introduced into the Senate on 2 December 2020. The Bill is currently before Parliament for consideration.

Patents, plant breeder’s rights, trade marks

If you wish to provide us with feedback on this issue in relation to the other IP rights, we invite you to refer to policy ID: 117 and use the form provided.