Disadvantages
Australian consumers will pay
more to foreign designers
(extended 15 year monopoly
for designs - more international
design filings in Australia).
Australian IP professionals
receiving less business (non-
resident applicant who would
have engaged an Australian
IP professional to file,
prosecute, and manage a direct
application, instead switches to
the Hague system and has their
local IP professional file and
manage the Hague application).
IP Australia incurring setup
costs in the accession to the
Hague agreement.
Australian firms and designers
having to avoid more design
rights.
Non-IT set up costs for the
Government, such as the costs
of training examiners, making
legislative amendments, and
costs associated with the treaty
making process.
Australia has been
experiencing a
boom in public
consultations and
reform in intellectual
property. Public consultation on
the Economic Report
As previously mentioned, public
consultation on IP Australia’s
report to provide feedback on the
methodology and assumptions of
the economic analysis concluded
in May this year. Public response
to consultation has been largely
critical of the report. Some
submissions asserted that some
of the costs were vastly overstated
and that the nature of the monopoly
provided by a Registered Design
is not properly understood in
the economic analysis, with the
majority of the assumptions
made therein simply assumptions
with no real basis in reality.
IP Australia has advised that it is
considering submissions lodged
and will developing a response
to this consultation which will
be provided in the near future.
Inspire September 2018
Advantages
Saving on Government fees via
Hague Agreement.
Red tape savings (including
professional fees) for filing,
translation, examination and
renewals.
Incentivise additional innovation
and designs (ease of filing and
possible 15 year term).
08 Mark Williams, Senior
Associate BCSE(Hons) MIP FIPTA
mark.williams@pof.com.au