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ARTICLE · 08 SEPTEMBER 2021

Designs Act 2003 (Cth) – Amendment Update

Bennett & Philp Lawyers
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These amendments are in respect of the legal test in the assessment of infringement and how a design may be revoked.

AustraliaIntellectual Property
Shereen Parvez
Shereen Parvez
Michael Finney
Michael Finney
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On 30 August 2021 the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 ("Bill") passed both houses of Parliament and is expected to receive Royal Assent shortly. On the day after Royal Assent, the amendments set out in Schedule 7, Parts 1 and 2 of the Bill will commence. These changes are in respect of the legal test in the assessment of infringement and circumstances when a design may be revoked. The other sections of the Bill will commence 6 months after the date of Royal Assent, including the 12 month grace period provisions discussed below.

So, what are the changes to the Designs Act 2003 (Cth) and how might they impact you and your business?

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