IP Australia has taken the next step on its journey reviewing the Australian designs system. Just over a year ago, IP Australia asked the public for feedback about the protection of designs and have now released the outcomes. The consultation outcomes cover three topics: virtual designs, partial designs, and incremental designs.
Virtual designs
The review looked at protecting non-physical designs and active-state designs, including virtual and augmented realities, screen icons, and graphical user interfaces (GUIs). Respondents broadly support IP Australia's proposal to protect virtual designs, including user interfaces and product features visible only when the product is in use.
Interestingly, IP Australia is now considering allowing applications for designs applied to both a virtual and a physical product at the same time. They are also considering permitting video files or animations as supplementary representations for dynamic designs.
Partial designs
The consultation also explored the protection of part of a product. Although existing legislation emphasises the appearance of a complete product, designs that highlight distinctive features using visual indicators like solid and broken lines have always been possible. IP Australia proposes to explicitly expand the definition of "design" in the Designs Act to protect partial designs, aligning Australia with other jurisdictions.
Incremental designs
The third area of focus was protecting designs as designers improve them throughout the design lifecycle. While support for protecting "preliminary designs” was mixed, IP Australia will not proceed with this specific proposal for now. However, they plan to move forward with "post-registration linking," allowing designers to protect their designs as they develop over time.
The Government is reviewing IP Australia's consultation outcomes. If it decides to proceed with legislative changes, further public consultations may align with the Government's legislative priorities.
