Streamlining and simplifying IP Regulation

Closes 2 Apr 2026

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Designs

Proposals for streamlining and simplifying designs law fall into two categories:

A: Proposals for reform (top of this page), where IP Australia seeks your views on an initial preferred solution. 

B. Issues for further investigation (further down this page), where IP Australia has not yet formed a view on a preferred approach. 

We welcome your comments on both sections.

A. Proposals for reform

If stakeholders support a preferred solution, IP Australia intends to progress the reform at the next available opportunity, subject to Government priorities.

1. Do you agree with removing the requirement for certificates of verification for designs (Proposal 8 of the paper)?

This proposal would remove the unnecessary design requirements for all translations of certain non-English documents to be accompanied by a certificate of verification. 

Page 13 of the consultation paper provides more information about Proposal 8.

2. Do you agree with expressly allowing virtual marking of products protected by designs (Proposal 9 of the paper)?

This proposal would enable design owners to more efficiently use virtual marks for their products to put the public on notice that they have IP rights. 

Page 13 of the consultation paper provides more information about Proposal 9.

B. Issues for further investigation

This section sets out proposals where IP Australia does not have a preliminary view on a preferred solution. We seek your views on whether a problem exists, and if so, how it might be addressed.

After considering stakeholder comments, IP Australia may develop preferred solutions and, subject to government priorities, may progress these issues in a later round of productivity enhancing reforms (i.e. after the reforms identified above have been progressed).

3. Policy issue 3 seeks to streamline the treatment of applications in respect of more than one design.

This issue looks at whether the Designs legislation should be amended to streamline and reduce complexity in how applications for more than one design are handled.

Page 18 of the consultation paper provides more information about Policy issue 3.

4. Policy issue 4 seeks to increase flexibility for filing excluded designs.

This issue looks at whether the Designs Act needs to be amended to clarify that the order of filing the amendment request and the excluded design application does not matter, provided both occur before the intitial application lapses or is withdrawn.

Page 19 of the consultation paper provides more information about Policy issue 4.