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Editors --- "The Designs Bill" [2003] AdminRw 20; (2003) 55 Admin Review 55


The Designs Bill

The Designs Bill 2002 seeks to repeal the Designs Act 1906 and implement a new designs registration system. As noted in the Second Reading Speech by Mr Entsch MP, the Bill is intended to implement several recommendations emanating from a 1995 Australian Law Reform Commission review of the Designs Act. The explanatory memorandum to the Bill notes that the ALRC review recommended that ‘the government improve the designs system by providing clearer definitions, stricter eligibility and infringement tests, a more streamlined registration system and better enforcement and dispute resolution procedures’.

Among the features of the new registration system are a more clearly defined threshold test for obtaining design rights, a broader infringement test, a reduced period of registration, and new enforcement procedures.

The Registrar of Designs determines whether or not to register a design application. Where the registrar refuses to register a design, the registrar must give the applicant written reasons for the refusal (subclause 43(3)). A decision to refuse to register or publish a design, to refuse a design application or to refuse an application for an extension of time is reviewable by the Administrative Appeals Tribunal (clause 136).

If such a decision is made, the Bill requires that a written notice be given to the person whose interests are affected by the decision, stating that an application may be made to the AAT (subclause136(2)). However, failure to give such a notice does not invalidate the decision. A decision to revoke a design can be appealed against in the Federal Court (subclause 68(6)).


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