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The primary form of publication in the field of industrial design information is via the IP Australia Websitewebsite. The main page is https://www.ipaustralia.gov.au/designs.
In particular, applicants can access the search guide and information via the HELP button located on Australian Design Search:
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The Designs Examiners’ Manual of Practice and Procedure is also available as a resource, which can also be accessed through the Australian Design Search: https://manuals.ipaustralia.gov.au/designs.
In part 2.2 of the Designs Examiners’ Manual of Practice and Procedure, Registration processes provide applicants with information on filing/ submitting applications through Online Services portal, the Business 2 Business interface or in paper form, either by post or in person.:
https://manuals.ipaustralia.gov.au/design/registration-process
Applicants for designs are encouraged to apply via electronic means through our the Online Services portal, if . If the applicant is unable to access our online services, there are other means , including by post. A higher fee structure may apply in these circumstances.
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IP Australia uses a system of classification based on the International Classification for Industrial Designs (known also as the Locarno classification system Classification System because it is based on the Locarno Agreement).
Australia is not a party to the Locarno Agreement, but IP Australia still uses the system to classify designs as much as possible within Australian legislative requirements and restrictions.:
https://manuals.ipaustralia.gov.au/design/classification-systems.
Other activities:
IP Australia provides information on the availability of a grace period protection for those who accidentally publish, or those who were unaware they needed to file for protection before disclosure. For example, a designer who unintentionally publishes a design on social media can still seek protection for it within the 12 months period.:
https://www.ipaustralia.gov.au/designs/applying-for-a-design/grace-period.
III. SOURCES OF INDUSTRIAL DESIGN INFORMATION PROVIDED BY THE OFFICE
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Main types of publications in the field of industrial design information, outline of the content (industrial design applications, design patents, registrations, etc.) and medium (on paper, on CDs, online - URLs):
The main source of information on industrial design/ designs available via IP Australia is published on the IP Australia’s main website atprimary form of publication of industrial design information is the IP Australia website. The main page is: https://www.ipaustralia.gov.au/designs.
The contents available range from design rights facts, guides and tutorials to Online Services portal.
The Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 took effect from 10 March 2022 and our the website was updated accordingly:https://consultation.ipaustralia.gov.au/policy/designs-bill-2020/ .
Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online - URL), etc.:
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Information products (coverage, medium, etc.) available to examiners, including external documentation and databases:
IP Australia’s Designs examiners have access to information that are (both not available to the public, and available to the public,) via our Rights in One (RiO), a Pega system, and Oracle databasedatabase. IP Australia also uses WIPO Digital Access Services (WIPO DAS) information. The coverage of information available to examiners includes documents on the file that are not publicly available (such as information relating to before a design is registered or published).
The following information that is both publicly available is also and available to examiners:
- product name
- status
- priority date (including convention details)
- filing date
- applicant (ownership)
- designer
- any related designs
The following information, which is not publicly available prior to registration, but is available to examiners:
- representations
- address for service
- statement of newness and distinctiveness
More information is available at: https://manuals.ipaustralia.gov.au/design/publication-and-file-access--overview
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Bibliographic data and images for registered designs post-1972are available, free of charge via:
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Bulk data on Designs is made available as part of the Australian Government free data access initiative via IP RAPID and IPLORD at data.gov.au: https://data.gov.au/search?organisation=IP%20Australia.
Legal status information (kind of information, coverage, medium, etc.):
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Since Joining DESIGNview in September 2021, Design design information from IP Australia (including legal status information) is also available via EUIPO DESIGNview: https://www.tmdn.org/tmdsview-web/#/dsview/news
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Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements:
Online Services portal : Bespoke (replacing eServices): A bespoke interactive cloud-based website for self-filers to file applications and mange existing IPRs. : https://portal.ipaustralia.gov.au/login
B2B API channel allows : Allows professional IP service providers to submit new applications and manage IPRs via APIs:https://www.ipaustralia.gov.au/tools-and-research/professional-resources/apis
Order Management Workbench (OMW) is a : A web-based interface which allows formalities staff to enter paper-based applications and manually correct issues and errors with filings. It is a bespoke java application.
Rights In One (RIO) is the : The primary business system for design administration and examination. It runs on a PEGA Case Management system.
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IP Australia uses commercial laptops with Windows 11 Operating operating systems and MS365 productivity toolsthat support the running of custom developed workflow and examination tools that enables our examiners to process Designdesign assessment (Rights in One tool). MS Teams and SharePoint have been introduced as our primary collaboration technologies.
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IP Australia’s legacy systems have been moved off-premises and moved into offsite, commercial, shared data centres and high available containerised architecture has been applied to majority of critical business business applications.
Internal databases: coverage, updates, interlinks with external sources:
The primary internal database is the Designs Register(which contains not publicly-available information). The examiners assess newness and distinctiveness against the prior art base, which can include the following:
- designs publicly used in Australia (https://manuals.ipaustralia.gov.au/design/publicly-used-in-australia);
- designs published in a document within or outside of Australia (https://manuals.ipaustralia.gov.au/design/published-in-a-document-within-or-outside-of-australia); and
- designs where:
- the design is disclosed in a design application, and
- the design has an earlier priority date than the designated design, and
- the first-time documents disclosing the design are made available for public inspection under s 60 is on or after the priority date of the design (s 15(2)).
https://manuals.ipaustralia.gov.au/design/prior-art-base--overview
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IP Australia also has access to the WIPO Digital Access Services DAS to supplement the information available for internal use.
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Designs examiners at IP Australia generate search files from a variety of internally and externally available sources of data. Search information areis recorded and stored via the Rights in One system referred to above.
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Design examiners search the following databases and resources external to records generated by IP Australia:
- The Owner’s owner’s website(s) (if applicable);
- Social media platforms, where appropriate and particularly the Owner’s owner’s own social media profiles;
- Google, and if appropriate other Internet search engines; and
- Where priority is claimed, the local IP office register, where practical. The Global Design Database or DESIGNview provides results across multiple IP office registers.
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Office's library (if deals with industrial design information): equipment, collection management, network of libraries in the country, cooperation with foreign libraries:
All Australian Designs designs records/documents are handled in accordance with Office procedures set down under Australian Law and archiving practices.
IP Australia’s internal library service does not manage IP rights data that are is used for search and examination purposes. The library service does provide a curation of IP Australia’s historical publications, documents and ephemera including digitising this material to make it easily accessible to the organisation and the wider community.
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Small business Outreach:IP Australia takes a strategic approach to engagement with small business by establishing a partnership network across Governmentgovernment, Universities and Industry Associationsuniversities and industry associations, leveraging their networks and the credibility they have in IP Australia’starget audience of start-ups and small to medium enterprises.
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- Secondary schools – this year IP Australiaare trialing a program to engage with secondary school students studying design. A very This has been a very positive engagement so far, validating our assumption that secondary school students, teachers and supporting networks have very limited knowledge of designs.
- Government departments and agencies – Commonwealth and State based programs that engage with IP Australia’starget audience. Often utilising a These often use a Business Advisor networkthat proactively delivers IP education to the small business and design community.
- Universities – early career researchers, undergraduate and industry collaborations.
- Peak Industry bodies – industry associations that represent small and medium enterprises; providing objective information that can be channeled through the associations, leveraging any Business Advisor network they have, supplementing content on their websites and including articles that appeal to the designs community.
- Direct – IP Australiaprovides webinars and resources designed for self-service on our website and promoted through social media and newsletters, aimed at the end-user/self-filer.
- Indigenous – IP Australia has a dedicated set of resources including videos, fact sheets and a call back service – Yarnline – to support Indigenous business owners engaging with the IP system.
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