On 7 November 2013 Arts Law made a submission to the Advisory Council on Intellectual Property’s (ACIP) Review of the Designs System Issues Paper.
As outlined by the ACIP “[t]he current designs system has been in operation since the commencement of the Designs Act in 2003… [and] in recent years a varuety of concerns have been raised about the effectiveness of the designs system and whether it is meeting its original policy objectives.” The ACIP called for submissions from the public as to the workability or not of the current system and suggestions for enhancing the system.
Arts Law’s submission focused on the current copyright/design overlap provisions, which limit the right of artists to protection under both the Copryight Act 1968 and the Designs Act 2004 for industrially applied works, submitting that the overlap provisions do not operate satisfactorily, are out of step with technological advancements such as 3D printing and are also not reflective of our international counterparts.
Arts Law’s submission can be viewed here.
For more information about the copyright/design overlap see Arts Law’s “Protecting your designs” information sheet and the Australian Copyright Council’s “Designs for Functional Articles” information sheet.