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ARTICLE · 26 JUNE 2015

Final report recommends changes to Australian Designs legislation

The final review report recommends changes to enhance the system and to address deficiencies in the designs legislation.

AustraliaIntellectual Property

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

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