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Amendments to Trademark Laws

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Mrz 11, 2021 (Newsletter Issue 5/21)
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Designs Amendment Bill 2020

On December 2, 2020, the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (the Bill) was introduced into the Senate and is currently before Parliament for consideration.

The Bill includes proposals that will amend the Designs Act 2003 to implement several recommendations accepted by the government made by the former Advisory Council on Intellectual Property’s Review of the Designs System.

The main changes will be the following:
- Provides a period of 12 months for filing a design application after it is first disclosed.
- Protects third parties from infringement of designs if they started using a design before an application for registration is filed.
- Removes the option to publish a design without registration and simplifies the process of requesting registration.
- Protects ‘innocent infringers’ who infringe a design between filing and registration but have no way to know the design is protected.
- Allows exclusive licensees of design rights to take action against infringers without needing to rely on the design’s owner.
- Streamlines the process for changing and specifying formal requirements for design applications.
- Makes minor technical changes to clarify some matters in designs legislation.

More information can be seen here