Second Reading Speeches

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

Type
Government
Portfolio
Industry, Science, Energy and Resources
Originating house
Senate
Status
Act
Parliament no
46

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Summary

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.

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