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ARTICLE · 31 AUGUST 2020

Proposed changes to the Design System in Australia

Key proposed changes to the Registered Designs System some of which are fundamental to the protection offered by designs.

AustraliaIntellectual Property

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

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