The legislation provides a grace period for designers who release their designs before applying for design protection. They will now have up to 12 months between publishing and filing an application, bringing Australia’s protections into line with other countries.

The changes will also allow Australian businesses with licensed exclusive rights for a design to bring an infringement action without needing to rely on the owner. This will ensure our local businesses can more effectively enforce their rights and align the design system with the patents and trademark systems.

Minister for Industry, Science and Technology, Christian Porter said the bill was an essential improvement to Australia’s design industry framework.

“We know Australia has some of the best and brightest minds, and this legislation will help ensure designers have the best protections when it come to their designs,” Minister Porter said.

“The legislation also streamlines the design registration process to save designers time and hassle by making certain parts of the process automatic.”

The legislation follows significant consultation by IP Australia with designers, industry groups, and IP practitioners. It follows recommendations from the former Advisory Council on Intellectual Property’s review of the design system.

Source: Press Release
minister.industry.gov.au
Date: August 30, 2021