The Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 received Royal Assent on 10 September 2021, after passing through Parliament on 30 August 2021. Changes to clarify the legal standard used to assess design infringement and registration, and the circumstances in which a design can be revoked come into effect as of 11 September 2021, while the remainder of the Act commences on 10 March 2022.
A response to this consultation detailing the outcomes and reasoning is available.
Thank you to all who contributed and provided submissions to our consultation. Based on stakeholder responses and other feedback, IP Australia proceeded with a number of proposals. These proposals are listed below:
IP Australia released an exposure draft of a Bill and supporting regulations implementing these proposals. For further information, please visit the consultation page for the exposure draft.
Submissions received:
We received the following 15 non-confidential submissions:
From 31 October to 20 December 2019 we sought your views on policy issues that would implement accepted recommendations from the former Advisory Council on Intellectual Property’s (ACIP) Review of the Designs System. This consultation has now closed. IP Australia is also undertaking a more holistic review of the designs ecosystem, as part of the Designs Review Project.
ACIP’s 2015 Report outlined that the Designs Act 2003 currently provides limited flexibility, clarity and limited scope of protection for designs. This may be creating unnecessary barriers for designers when they are innovating and commercialising their designs.
You can watch a quick video overview of the issues covered in this consultation, or read about them below under these three key topics:
1. Examining the scope of design protection
2. Early flexibility for designers
3. Simplifying and clarifying the designs system
IP Australia is progressing a suite of designs reforms built from the findings of the 2019/2020 review of Australia’s design ecosystem. We continue to explore and consult with the community as reforms progress.
You can read more about IP Australia’s other design initiatives here.
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