IP Australia has released exposure drafts of the proposed:
- Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020
- Designs Amendment (Advisory Council on Intellectual Property Response) Regulations 2020
- draft Explanatory Memorandum; and
- draft Explanatory Statement.
As the naming of the draft legislation indicates, these amendments are intended to implement the Government’s acceptance of the simpler, or less controversial, recommendations made by ACIP.
IP Australia’s landing page for the consultations states that proposals included in the draft include:
- “Introducing a 12 month grace period to help protect designers from losing their rights through inadvertent disclosures made prior to filing.
- “Expanding the existing limited prior use defence to protect third parties who started preparations to make a design before someone else tried to register it.
- “Simplifying the design registration process by removing the publication option and making registration automatic six months after filing
- “Aligning with the other IP Rights by giving exclusive licensees legal standing to sue for infringement
- “Making several technical improvements to the Designs Act”.
You can find some background, including links to the various consultation papers, ACIP’s Review of the Designs System on the landing page.
If you are planning to submit comments, they should be in by 28 August 2020.
The landing page says that a number of proposals which are not being progressed in the draft legislation at this stage are still under consideration and invites your comments via IP Australia’s Policy Register. Proposals identified are:
- “Protection of partial designs – Policy ID 42
- “Protection of virtual, non-physical and active state designs – Policy ID 43
- “Clarify ambiguity in section 19 of the Designs Act – Policy ID 35
Please note the part of this proposal relating to the standard of the informed user will be progressing and is included in the draft legislation
- “Clarification of ‘registered’ and ‘certified’ designs – Policy ID 37
- “Some of the amendments proposed in Recommendation 18 of the ACIP Designs Review (18b, 18d, 18e and 18g are not progressing at this time) – Policy ID 45“.