Enhancing Australian Design Protection
Results updated 30 Apr 2026
Consistent with the Australian Government’s focus on boosting productivity and better regulation, IP Australia continues to pursue a modern and accessible design rights system.
In July 2025, IP Australia responded to a call from the Government for ideas to support productivity and economic growth, by identifying regulatory reform that would help boost productivity amongst Australian business. Amongst a suite of measures, IP Australia proposed two measures to facilitate growth and innovation in the design sector. The two proposals would expand design protection to include the look of a product when switched on or in use and also permit protection for part of a physical product.
IP Australia plans to progress these two measures, as productivity enhancing initiatives that will support growth in the designs sector. Feedback from the 2023 public consultation has helped to refine the policy settings for these proposals, without introducing unnecessary complexity in the design right system.
IP Australia’s previous proposal to offer protection for incremental improvements of designs through ‘linking’ will not proceed at this stage, however, may be given further consideration in the future.
What happens next?
Subject to Government prioritisation, if legislation proceeds, public consultation on an exposure draft of the Bill and supporting regulations is proposed.
Consultation Outcomes
In 2023, IP Australia sought views on proposals to expand protection to include virtual, partial and incremental designs.
IP Australia thanks everyone who participated in this consultation. Stakeholders generally supported all three proposals, with some suggestions for improvements.
View submitted responses where consent has been given to publish the response.
Read more on the original 2023 proposals
More information
You can contact us at consultation@ipaustralia.gov.au for more information about this consultation.
For more information on a range of policy issues IP Australia is exploring, see the Policy Register.
Published responses
View submitted responses where consent has been given to publish the response.
Overview
As part of our commitment to providing Australians with a modern and accessible design rights system, IP Australia is progressing a program of reforms.
Between 13 June and 13 August 2023, we conducted a public consultation to explore how the design rights system could accommodate non-physical or virtual products and select parts of products, and provide flexibility for designers in protecting their designs as they evolve.
People from design-related professions and industries around Australia and internationally contributed their views and expertise.
IP Australia looks forward to building and continuing our valued relationships with design, business and academic communities as this important work progresses.
Audiences
- Applicants/Rights holders
- Delivery partners
- Government
- Innovators/Business
- IP attorney profession
- Thought leaders
Interests
- Designs
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