Reconsider treatment of virtual or non-physical designs e.g. allow the consideration of such designs in an active state not just resting state, when considering validity and potentially granting an enforceable right.

Policy ID: 
43
Status: 
Identified for action
Priority: 
High
Issue summary: 

In its 2015 'Review of the Designs System' in Australia, the former Advisory Council on Intellectual Property (ACIP) recommended that the treatment of virtual or non-physical designs be reconsidered, for example by allowing consideration of the product in which the virtual or non-physical design is applied to in its active state, not just its resting state, when considering validity. The government noted the recommendation in May 2016, and committed IP Australia to carry out further consultation.

Non-physical or virtual designs are designs that impact the appearance of products but which are implemented via software on screens, such as designs relating to screen displays, graphical user interfaces and screen icons. There are a large number of registered designs that relate to graphical user interfaces and other non-physical designs, although very few of these registrations are certified. As a result the status of protection of non?physical or virtual designs in Australia is uncertain.

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

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