In late 2019, the Australian Council on Intellectual Property
(ACIP) called for public submissions on possible improvements to
Australia's Registered Designs System. Registered designs
protect the visual appearance of a product, which are distinct from
patents that protect the functional aspects of novel devices,
systems and processes (see our recent
article "Australian Patents vs Designs: what are the
differences). If the particular "look" of a product is
commercially important, a registered design can offer valuable
protection.
Possible Improvements
As part of the review process, ACIP identified some aspects of
the designs registration process which might benefit from changes
to the legislation. IP Australia (the Government agency responsible
for Patents, Trade Marks and Designs) received 22 public
submissions on the various options for change and has now published
their
response to these issues. This response will be used as a basis
for draft legislation due