An extensive three year review of Australia's design
legislation has culminated in a final report that makes a number of
recommendations to enhance the current system and address
deficiencies that have come to light since the current legislation
commenced. Recommendations include introduction of a six month
grace period for filing, consideration of virtual designs, and
introduction of border protection measures based on certified
designs. These and other key recommendations are discussed in the
article that follows, and full details are set out in the official
report.
In May 2012, the Australian government requested the Advisory
Council on Intellectual Property (ACIP) review the current
Australian designs system, to assess how well this legislation was
functioning since its commencement in June 2004. The review process
included extensive consultation with a wide range of stakeholders,
resulting in an Issues Paper released in September 2013, followed
by an Options