Following on from our previous report on 30 September 2021, we remind you that following Royal Assent on 10 September 2021, the amendments within the Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (the Act) go live on 10 March 2022.
The Act intends to provide more flexibility for designers during the early stages of obtaining registered design protection. It also introduces other simplifying and clarifying amendments to the Australian designs system. The amendments to the Australian Designs Act 2003 are divided into seven schedules, and the following is a brief summary of what you need to know.
Commencing 10 March 2022
Grace period – Schedule 1
A 12-month grace period to file a design application following publication or use by the registered owner (or their predecessor in title), has been introduced. In other words, self-publications made up to 12 months before the priority date of a design will be disregarded when deciding whether a design is new and distinctive. It should be noted that the new grace period provision will only apply to a publication or use that occurs after the commencement of this provision.
This is a significant change as it will protect designers from losing their ability to seek protection due to inadvertent disclosure of their design prior to seeking design protection. Read more