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Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020

Type
Government
Portfolio
Industry, Science, Energy and Resources
Originating house
Senate
Status
Assent
Parliament no
46

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Summary

Amends the Designs Act 2003 to: implement recommendations of the former Advisory Council on Intellectual Property review of the designs system by: providing designers a 12-month grace period to apply for design protection after publishing or using their design to protect designers from losing their rights through inadvertent disclosure; introducing an infringement exemption for prior use; streamlining the initial steps for registering a design; correcting an anomaly to the innocent infringer defence where infringement occurs between filing and registration; providing exclusive licensees with legal standing to take infringement action through the courts; and extending the power of the Registrar of Designs to make directions about the forms of documents to 'approved forms' for designs; and make minor technical amendments.

Progress

Senate
Introduced and read a first time 02 Dec 2020
Second reading moved 02 Dec 2020
Second reading debate 04 Feb 2021
Second reading agreed to 04 Feb 2021
Third reading agreed to 04 Feb 2021
House of Representatives
Introduced and read a first time 04 Feb 2021
Second reading moved 30 Aug 2021
Second reading debate 30 Aug 2021
Second reading agreed to 30 Aug 2021
Third reading agreed to 30 Aug 2021
Finally passed both Houses 30 Aug 2021
Assent
  • Act no: 100
  • Year: 2021
10 Sep 2021

Documents and transcripts

Text of bill

Explanatory memoranda

Proposed amendments

No proposed amendments have been circulated.

Schedules of amendments

No documents at present

Notes

Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.