The Advisory Council on Intellectual Property (ACIP) has released its options paper following its review of the Australian designs system. Notable options for change include:
- Substantially reducing the fees due for multiple designs, which would encourage applicants to protect multiple embodiments of a product.
- Joining the Hague Agreement. This would require extending maximum term from 10-years to 15 years. ACIP supported the suggestion that the additional 5-years of protection should only be available to certified designs. It was also noted that there could be difficulties with filing representations that satisfy the requirements of different jurisdictions.
- Introducing a 6-month grace period for prior disclosure by the applicant.
- Introducing the option of deferred publication of up to 6-months.
- Whether ‘partial designs’ should be allowed – namely whether isolated parts of an integrated product should be separately protectable.
- Allowing protection for computer screen display designs.
- Introducing border protection measures. Although this may need to be limited to identical designs and exclude partial designs (if introduced) so as to relieve Customs of the burden of assessing whether there is a substantial similarity in overall impression.
- ACIP does not support introducing an unregistered design right.
Submissions are requested by 23rd January 2015.
