– Designs Act 2003, as amended, including by the Intellectual Property Laws Amendment (Raising the Bar) Act 2012, effective from April 15, 2013, the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018, effective from February 24, 2019, and the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020, effective from August 26, 2021.

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since October 10, 1925.
– Convention Establishing the World Intellectual Property Organization (WIPO), since August 10, 1972.
– WTO’s TRIPS Agreement, since January 1, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since March 16, 1995.

Applicant: the designer, or if created in the course of employment or under contract with another person, the other person. 

Foreigners: have the same rights as Australian nationals. 

Kinds of designs: a design is concerned primarily with the overall appearance of the product resulting from one or more visual features of the product. A visual feature may, but need not, serve a functional purpose.

Not registrable: things which are not visual features of a product, including the feel of a product, the materials used in the product, and in the case of a product having one or more indefinite dimensions, the indefinite dimension.

Novelty: the design must not have been used in Australia or published in a document anywhere in the world before the filing date or the priority date of the application and the design applied for must differ from the prior art so as to be new and distinctive (different in overall impression).

Novelty grace period: public disclosure or use of the design within twelve months of filing the application by or with the consent of the applicant, or their predecessor will not affect validity.

Priority: a Convention application may be filed within six months of the date of the first application in a Convention country.

Classification: designs are classified in accordance with the classification system of the Locarno Agreement (1968). 

Multiple products – multiple designs: the application may be in respect of one or more products if the products fall within the same class, and may be in respect of more than one design. Additional fees apply for applications with multiple products and/or multiple designs. 

Division: not possible but see above regarding multiple designs. 

Territory covered: Australia, including Christmas Island, Cocos (Keeling) Islands and Norfolk Island, the Australian continental shelf, the waters above the Australian continental shelf, and the airspace above Australia and the Australian continental shelf.

Miscellaneous: an application may include a “statement of newness and distinctiveness”. The statement is to identify particular visual features of the design as new or distinctive.

Filing requirements for an application (to be sent to resident agent):
1. Facsimiles necessary to show the design;
2. A certified copy of the basic registration.

Electronic filing: available. 

Electronic signatures: are accepted.

Amendment of application: the Registrar may permit the amendment of an application but generally will not allow amendment to alter the scope of the design by the inclusion of matter not in substance applied for and will not allow amendment of the representations of the design. 

Examination: once an application is filed it is checked only for formalities. If the application meets the minimum filing requirements the Registrar must inform the applicant. The applicant must then request either registration or publication within six months of the priority date. The registration will then issue.

Substantive examination: occurs only after initial registration, if the owner, Registrar or a third party requests examination.

Opposition: there is no provision for opposition but third parties may seek examination of a design registration and may submit material in relation to the newness and distinctiveness of the design.

Publication: occurs after the applicant requests publication and the Registrar is satisfied that the design complies with the prescribed requirements, or after the design is registered.

Duration – renewal: five years from the date of filing, renewable for a further five years making a total of ten years from the date of filing.

Marking: is not compulsory; but marking with the number and the term “Rd” or “Regd.” is desirable to secure damages or an account of profits in infringement actions. 

Working: is not compulsory but insufficient working may lead to the grant of a compulsory license (see below).

Assignments – licenses: should be recorded at the Designs Office.

Compulsory licenses: a compulsory license may be granted if products embodying the design have not been made in Australia to the extent that is reasonable in the circumstances and the owner has not given a satisfactory explanation for failing to exercise the exclusive rights in the design and the applicant has tried for a reasonable period unsuccessfully to obtain authorization to use from the owner.

Infringements and penalties: if a registered design is infringed, action may be taken at the State Supreme Court or Federal Court. Remedies include an injunction, and either damages or an account of profits, if the infringer knew the design was registered.