✦ Plain-English Summary

Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020

What it does

This law updates Australia's design protection rules (the rules that protect things like product shapes, patterns, and appearances). It gives designers and companies more flexibility when registering their designs, including a 12-month grace period where they can test or show their design publicly without losing the ability to register it later.

Why it matters

If you've invented a new product design or visual look, these changes make it easier and less risky to get feedback or test your idea before formally protecting it. It also improves how design disputes are handled and who can take legal action if someone copies a protected design.

Key details

• Grace period: You can publicly show or use your design for up to 12 months before filing for registration without that disclosure counting against you (Schedule 1)
• Who can sue: Exclusive licensees (people you've licensed your design to) can now bring infringement cases themselves, not just the original designer (Schedule 5)
• Timing: Most changes came into effect after Parliament passed it, though some provisions need a later proclamation date to activate (within 6 months maximum)

Official Description

Amends the Designs Act 2003 to: implement recommendations of the former Advisory Council on Intellectual Property review of the designs system by: providing designers a 12-month grace period to apply for design protection after publishing or using their design to protect designers from losing their rights through inadvertent disclosure; introducing an infringement exemption for prior use; streamlining the initial steps for registering a design; correcting an anomaly to the innocent infringer defence where infringement occurs between filing and registration; providing exclusive licensees with legal standing to take infringement action through the courts; and extending the power of the Registrar of Designs to make directions about the forms of documents to 'approved forms' for designs; and make minor technical amendments.

Committee Referrals

Senate Standing Committee for the Scrutiny of Bills

No formal division recorded

This bill passed by voice vote — parliament agreed without calling a formal count. A division is only recorded when a member explicitly requests one.

No votes yet.

No votes were recorded for this bill.