Australian Designs – Bill Now Passed – Intellectual Property
Australia: Australian Designs – Bill is now passed
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Following our September 4, 2020 article, Australian Designs – Draft Bill now published, we inform you that the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (the Bill) was recently adopted by both Houses of Parliament and will be soon presented to the Governor General for Royal Assent.
The day after Royal Assent, the changes provided for in Schedule 7, Parts 1 and 2 of the bill will begin. These items relate to changes intended to clarify the legal standard used for the assessment of infringement and registration of a design, and the circumstances under which a design can be revoked. Starting them immediately will allow the benefits of these changes to be realized as soon as possible.
The remainder of the bill, including the introduction of a long-awaited grace period (Schedule 1, Part 1 of the bill), will begin 6 months after the date of Royal Assent.
The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.
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