Outline of the report
The ALRC's review of industrial design laws was prompted by concerns that designs laws - which had been in place since 1906 - did not strike an adequate balance between protecting design rights and encouraging innovation.
The Designs report contains recommendations to modernise and simplify Australian designs laws. These recommendations are aimed at improving the rights of those who design the innovative visual features of manufactured products - from cut-glass to textiles to garage doors.
The report concluded that designs laws need to be tailored to encourage innovation in Australian industry. Designs laws can do this by preventing competitors from free-riding on design innovation and by providing investors in design with security for their investment.
Meeting this objective is not simply a matter of granting exclusive legal rights to all design activity. New design innovation depends to some extent on being able to use and apply previous design innovations. Design rights must not be so restrictive that they act as a barrier to further innovation in industrial design.