AIPLA Comments on the Continued Improvement of IP Australia’s Design System
Written August 10, 2023
Arlington, VA. August 7, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to IP Australia on recommendations for the continued improvement of IP Australia’s design system.
The comments reflect AIPLA’s support for harmonization efforts for industrial design protection globally, and support for efficient and balanced means for obtaining industrial design protection around the world. Despite various international advancements at harmonization, substantive and procedural aspects of industrial design protection remain inconsistent and unharmonized.
The comments suggest AIPLA’s support for allowing the protection of virtual designs and would encourage allowing partial design claiming, noting that it would make IP Australia’s patent rules consistent internationally and better protect Australian design applicants. Should IP Australia adopt AIPLA’s suggestion of allowing partial design claiming, AIPLA suggests IP Australia replace the requirement for a statement of Newness and Distinctiveness with an optional figure description.
To view the complete comments, please download the comment letter posted to the right of this page.