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ARTICLE · 14 OCTOBER 2021

Australian designs law provides valuable protection for distinctive products

Corrs Chambers Westgarth
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Changes to Australia's registered designs system will protect innovative designs for brand owners and designers.

AustraliaIntellectual Property
Jennifer Wrigley
Jennifer Wrigley
Chris Sgourakis
Chris Sgourakis
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Australia's registered designs system, which protects the appearance of products, has always been an underutilised tool in the intellectual property portfolio of brand owners and designers. There are many reasons for this - including a lack of awareness of design rights, the need to keep designs secret prior to filing an application and perceived difficulties in enforcement. However, Australia's registered designs system is undergoing significant change and the future looks bright for brand owners and designers to protect innovative designs.

The Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (the Designs Amendment Act) has recently received Royal Assent (as discussed in previous Insight article here). Amongst many other changes, most of which will come into effect on 11 March 2022 at the latest, it introduces a 12 month grace period in which designers can publicly disclose their design prior to filing, bringing Australia into

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