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Following on from our article of 4 September 2020, Australian Designs – Draft Bill now released, we advise that the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (the Bill) was recently passed by both houses of Parliament and will soon be presented to the Governor General for Royal Assent.
On the day after Royal Assent, the amendments set out in Schedule 7, Parts 1 and 2 of the Bill will commence. These items relate to changes to clarify the legal standard used for the assessment of design infringement and registration, and the circumstances in which a design can be revoked. Their immediate commencement will realise the benefits of these changes as soon as possible.
The rest of the Bill, including the introduction of a long-awaited grace period (Schedule 1, Part 1 of the Bill), will commence 6 months after the date of Royal Assent.
Further information about the changes, including the commencement details, is available on the IP Australia website.
Authored by Allira Hudson-Gofers