The requirement was useful before modern scanning devices were available. Photocopying of paper representations could reduce their quality to the detriment of examination, hence it was considered necessary that the applicant provide multiple copies. In the current digital environment, this is not a problem. Paper applications are routinely scanned, allowing for high quality digital reproduction where necessary. Furthermore, if the requirement is not met IP Australia should issue a deficiency notice and the applicant must respond and provide the additional copies, which slows the processing of the application. This wastes both applicant and IP Australia’s time. Options Option 1 – no change Design applicants filing in paper would continue to be required to file five copies of each representation. Option 2 – remove requirement to provide extra copies The requirement for the applicant to provide five copies of each representation could be repealed. Proposal At this stage, option 2 is preferred. This would remove an unnecessary administrative burden and uncertainty for design applicants and IP Australia. Supporting small business The following proposals aim to assist those dealing with the IP system, particularly small businesses, by clarifying elements of the law and providing protection against unjustified threats of infringement. Unjustified threats of infringement Background The patent, trade mark and design legislation provides protection for businesses that face an unjustified or groundless threat of infringement from an IP owner. Both the patent and design legislation provide that a person may sue a rights owner for threatening them with infringement proceedings that are ‘unjustified’. The remedies available include a declaration that the threats are unjustifiable, injunctions and damages (for example, for sales lost due to withdrawing the product from the market).
The requirement was useful before modern scanning devices were available. Photocopying of paper representations could reduce their quality to the detriment of examination, hence it was considered necessary that the applicant provide multiple copies. In the current digital environment, this is not a problem. Paper applications are routinely scanned, allowing for high quality digital reproduction where necessary. Furthermore, if the requirement is not met IP Australia should issue a deficiency notice and the applicant must respond and provide the additional copies, which slows the processing of the application. This wastes both applicant and IP Australia’s time. Options Option 1 – no change Design applicants filing in paper would continue to be required to file five copies of each representation. Option 2 – remove requirement to provide extra copies The requirement for the applicant to provide five copies of each representation could be repealed. Proposal At this stage, option 2 is preferred. This would remove an unnecessary administrative burden and uncertainty for design applicants and IP Australia. Supporting small business The following proposals aim to assist those dealing with the IP system, particularly small businesses, by clarifying elements of the law and providing protection against unjustified threats of infringement. Unjustified threats of infringement Background The patent, trade mark and design legislation provides protection for businesses that face an unjustified or groundless threat of infringement from an IP owner. Both the patent and design legislation provide that a person may sue a rights owner for threatening them with infringement proceedings that are ‘unjustified’. The remedies available include a declaration that the threats are unjustifiable, injunctions and damages (for example, for sales lost due to withdrawing the product from the market).
streamline-ip-process-consultation.docx