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Bill), with important changes to designs law, is currently before Senate for consideration. It includes a much-anticipated change to implement a grace period that will allow designers to publish their designs before applying for design protection. Presently to get an enforceable design right, the design must be “new and distinctive”, meaning that the design must not have been disclosed publicly before the design was filed. For many businesses, this non-publication requirement has made the designs regime impractical since they would not want to incur the cost of seeking design protection unless the design turned out to be commercially successful. For businesses releasing hundreds of new designs to the market each year, this cost is significant. ....
On 2 December 2020, the Designs The purpose of the Bill is to amend the Australian designs system based on several of the recommendations in a Final Report by the Advisory Council on Intellectual Property ( ACIP ) in respect of its review, conducted for the Australian Government in consultation with IP Australia and other stakeholders, to investigate the effectiveness of the designs system in stimulating innovation by Australian users and the impact the designs system has on economic growth. Key amendments to Australia s design statute, the Designs Act 2003 ( the Act ) , which are proposed in the Bill are discussed below. Grace period There is to be introduced a grace period whereby a ....