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Newly Improvements to the Australian Designs System

  • Categories:News
  • Date:2022-01-18

Newly Improvements to the Australian Designs System

  • Time of issue:2022-01-18 10:20
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The Australian Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 was released by the Australian Government (IP Australia) on 10 September, 2021.


Some changes (standard of "informed user" and revocation of registration of design) have been in effect from 11 September, 2021, and the following changes will come into effect from 10 March, 2022:


1. Introducing New 12-month grace period 

In accordance with the Designs Amendment Act 2021, the applicant can make the design public up to 12 months before applying for a design right without losing the ability to get IP protection, if the original disclosure of the design was by:

· The designer or designers;

· The owner of the design where this is someone other than the designer (e.g. an employer, or a successor in title);

· A party authorised by the designer or design owner - for example, a marketing company releases a publication authorised by the owner; or

· A party who obtained the design from the designer or design owner without their permission - for example if the design is stolen.

However, publications of designs by the following aren' t eligible for the grace period:

· The Registrar of Designs.

· Foreign and international designs offices.


2. Simplifying the design registration process

Before 10 March, 2022,  a request for registration should be filed with the design application or during the 6-month period after it' s lodged, otherwise the application will lapse. 

According to the Amendment Act, designs filed on or after 10 March, 2022 will automatically proceed to a formalities check after the 6-month period. This will simplify the registration process as a request for registration is no longer required. If the applicant wants to register the design earlier, a request should be filed to do so.

If the applicant does not want to register the design, a request for withdrawal of the application should be filed within the 6-month period. Otherwise, the design will automatically proceed to registration.

Meanwhile, the option to publish a design without registering will be unavailable for designs filed on or after 10 March, 2022. 


3. Formal requirements for the design application

After 10 March, 2022, the Registrar of Designs will have the power to set formal requirements for design applications in a written determination. This will replace the currently outdated requirements.


The Amendment Act also introduces further changes, including relief from infringement before registration, right of exclusive licensee to bring infringement proceedings and renewal of registration of design.


The original link of Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021:

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