Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021
The law implements recommendations from a review of the Australian designs system by the Advisory Council on Intellectual Property, providing more flexibility to designers in the early stages of getting registered design protection, and simplifying and clarifying aspects of the designs system. In particular, the Act: • Introduces a 12-month grace period to file a design application after the design is disclosed • Introduces a prior use defence to infringement, protecting third parties who start using a design during the grace period • Streamlines the initial steps for registering a design, removing the option to publish without registration and simplifying the process for requesting registration • Expands protection for those who innocently infringe a design between filing and registration • Provides exclusive licensees with the right to take infringement action through the courts • Streamlines the process for changing the formal requirements for design applications Makes minor technical changes and clarifications relating to the standard applied when assessing substantial similarity, the grounds for revocation of a design registration, and the renewal of design registrations.
The Act received Royal Assent on 10 September 2021. Schedule 7 Parts 1 & 2 entered into force on 11 September 2021. Schedule 1-6, and Schedule 7 Part 3 will commence on 10 March 2022.
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