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
Regular readers may remember our article of December 2012 regarding the Advisory Council on Intellectual Property (ACIP) review of the Australian Designs Act 2003. Following on from that review, we wish to advise that ACIP have now released their Issues Paper and the following areas have been highlighted for comment: Duration of design protection Grace
As many practitioners would be aware, the Australian Designs Act 2003 is currently under review by the Advisory Council on Intellectual Property (ACIP), in order to determine its effectiveness since implementation in 2004. Shelston IP has been assisting ACIP with this review and to date we have made comments and recommendations along the following lines.
Australia’s unique innovation patent system provides inventors with a useful tool for protecting lower level innovations, thereby plugging the gap between the protection available under the registered design system and that afforded by the standard patents regime. This is consistent with the original objectives of the legislation, which sought to achieve this outcome when replacing the previous