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Law Council of Australia

Business Law Section

Response to IP Australia Public Consultation—Enhancing Australian Design Protection—Virtual Designs, Partial Designs and Incremental Designs

The submission to IP Australia in response to consultation papers, which have been issued in relation to proposed changes to Australia’s designs law, was prepared by the Intellectual Property Committee of the Business Law Section of the Law Council of Australia (IPC).

The IPC is supportive of providing protection for virtual designs.

Graphical user interfaces and screen icons have been important design elements of products for decades, while virtual and augmented reality are projected to become increasingly important in the next decade. There seems to be no good reason in principle for refusing to protect visual features of this kind simply because they are not static in nature, although some form of fixation would be necessary for evidentiary purposes.

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