Response to IP Australia public consultation: ACIP Designs Bill
The submission to IP Australia in response to its public consultation concerning the exposure drafts of the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (Draft Bill) and the Designs Amendment (Advisory Council on Intellectual Property Response) Regulations 2020 (Draft Regs) (collectively the draft legislation) along with the accompanying draft Explanatory Memorandum and draft Explanatory Statement, is made by the Intellectual Property Committee of the Business Law Section of the Law Council of Australia.
The Intellectual Property Committee particularly commends the following simple but important reforms:
- allowing for an exclusive licensee to institute proceedings for design infringement;
- removing additional unnecessary steps for businesses in the form of the necessity for an applicant to request publication; and
- the introduction of a grace period of six months before the filing date, together with a prior use defence.
You can read the full submission below.