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 now available.
Thank you for your contributions and submissions to this consultation.
Your feedback informed further development of the Bill prior to its consideration by Parliament. In addition to commenting on the Bill, some submissions expressed interest in further policy changes that would enable a broader section of the design economy to benefit from a design right in Australia. While such policy changes are beyond the remit of this Bill, these suggestions are being considered under IP Australia’s broader designs reform work.
View submitted responses where consent has been given to publish the response.
From 23 July 2020 to 28 August 2020 we sought your views on an exposure draft of the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 and the Designs Amendment (Advisory Council on Intellectual Property Response) Regulations 2020 (collectively the ‘draft legislation’) along with the accompanying draft Explanatory Memorandum and draft Explanatory Statement (collectively the ‘explanatory material’). Explanatory material accompanies legislation to assist with the reading and interpretation.
The following proposals are included in the draft legislation:
Background
The release of the draft legislation followed our consultation, which took place from 31 October to 20 December 2019, on recommendations accepted by the Government from the former Advisory Council on Intellectual Property’s (ACIP) Review of the Designs System.
Thank you to all who took the time to provide us with their views. On 11 May 2020 we released our response to the consultation, which summarised submissions and gave our reasoning on which proposals would be included in the draft legislation.
The earlier consultation included a number of other proposals that were not progressed in this legislative package. These proposals remain on IP Australia’s Policy Register and if you wish to provide a submission on the issues, we invite you to do so via the Policy Register:
From 23 July 2020 to 28 August 2020, we sought comments on the draft legislation, in particular on any unintended consequences of this legislation or issues with the drafting, rather than on the policy that underpins the amendments as this has already been agreed to by the Government.
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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