Implementation
The federal government announced in February 1999 that it would substantially implement the ALRC's report Designs, with the introduction of draft legislation to overhaul Australia's industrial designs system. The government response deals with the Designs report recommendation by recommendation.
After consultation on a draft Bill, conducted by IP Australia, the Designs Bill 2002 was introduced into Parliament on 11 December 2002. Following consideration by the Senate Economics Legislation Committee, the Designs Act 2003 was passed and received Royal Assent on 17 December 2003. It commenced operation on 17 June 2004. For detailed information on the new Designs Act, see the IP Australia website.
The new Designs Act 2003 is substantially based on the ALRC recommendations in the Designs report. It provides clearer definitions, stricter eligibility and infringement tests, a more streamlined registration system and better enforcement and dispute resolution procedures.
The Act does not adopt ALRC recommendations in relation to the treatment of designs embodied in spare parts. The ALRC proposed measures to refer potentially anti-competitive designs to the Australian Competition and Consumer Commission (at that time called the Trade Practices Commission). These recommendations were designed to address concerns that design laws were having an anti-competitive effect on spare parts — including car parts — impacting adversely on price and affordability. The government rejected the ALRC's recommendations in this area, instead asking officials to review the complex issue of how applications for design registration of spare parts will be treated within this system. Alternative options have been included in the new Act.
The new Act also diverges from the ALRC recommendations in relation to the designated period of design registration.