Designs Legislation and Practice Committee (Australia & International)
OBJECTIVES OF THE COMMITTEE
The objective of the Designs Legislation Committee is to monitor closely the amendment and development of legislation as it relates to registered designs, including the interpretation of that legislation by IP Australia and the Courts.
The Designs Legislation Committee is charged with the following responsibilities:
• Monitoring legislation changes (and proposed legislation changes) that have the potential to impact on the Australian registered design system, including but not limited to the Designs Act and Regulations.
• Taking part in consultations with IP Australia, the Government, and other bodies charged with the responsibility of reviewing aspects of Australian legislation as it relates to registered designs, to ensure that the views of IPTA members and their clients are taken into account before any legislation changes are implemented. This includes attending IP Australia Trade Mark and Design Consultation Group meetings on behalf of the IPTA council, including the preparation and filing of submissions on behalf of IPTA.
• Monitoring changes in practice within IP Australia (and proposed changes to practice) relating to the interpretation of legislation that have the potential to impact the registered design system and infringement actions.
• Working in cooperation with the designs committee to develop and implement strategies for raising concerns with IP Australia to ensure that any adverse or potentially adverse impact on registered design applicants and owners(or third parties) resulting from such changes in practice is minimized or avoided. including the preparation and filing of submissions on behalf of IPTA.
• Monitoring Australian Court decisions and case law development to ensure that they support protection for registered designs in Australia.
• Monitoring International law developments, including developments within WIPO and in relation to bilateral and multilateral trade agreements, and making representations or submissions on behalf of IPTA to minimize or avoid the possibility that such developments will necessitate changes to Australian legislation that will have an adverse impact on registered design applicants and owners (or third parties).
The measurable goals of the Designs Legislation Committee include:
• Attendance at consultation meetings organised by IP Australia and/or the Government or other bodies charged with the responsibility of reviewing aspects of Australian legislation as it relates to registered designs.
• Submissions drafted and filed within deadlines provided.
• Changes made to proposed legislation or practices of IP Australia, new legislation or IP Australia practices introduced or changed as a result of work of committee.