Effective on March 10, 2022, the amendments to Australian Design Act will provide design applicants with more flexibility when they seek design protection. The main points of the amendments can be concluded as follows:
(1) Extension of the grace period to 12 months.
(2) Infringement exemption for prior use.
(3) Automatic registration—removing the publication option.
(4) The relief from infringement before registration.
(5) The right for exclusive licensee to file an infringement lawsuit.
(6) The simplification for updating formal requirements.
(7) Other amendments.
Released by TIPO
