Annual Technical Report on Industrial Design Information Activities in 2014 submitted by IP Australia

Please fill in your items before submitting your report

Where URLs are requested below, it is preferred that either URLs which are likely to remain stable over time (three years or more) are provided, or home (main) page URLs are provided with a short explanation of how to access the corresponding information.

The expression "industrial designs" covers industrial designs and models.

Offices which issue design patents should report their design patent information activities in this series of Annual Technical Reports.

I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN INDUSTRIAL DESIGN INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE

Outline of main policies and plans aimed at development of industrial design information activities and expected time frames for their realization

The designs system protects the visual features of a product - including the shape, configuration, pattern and ornamentation which, when applied to the product, give it a unique appearance. The current designs system has been in operation since the commencement of the Designs Act 2003 on 17 June 2004. The Advisory Council on Intellectual Property (ACIP), an independent body appointed by the Australian Government reviewed the designs system in 2014 to investigate its effectiveness in stimulating innovation. The Government will consider its recommendations in 2015.

New projects launched or resumed this year in the context of the policies(plans) mentioned above, short description: aims, partners, tasks

The RIO Program is developing a new IP Rights management system, simplifying and harmonising our processes, developing a new search solution and providing richer and timely business intelligence. Designs will be the first IP Rights area to benefit from this new system. The new system is expected to be implemented for Designs in early 2016.

Main areas of industrial design information activities and related information and communication technology (ICT) practices which were in the focus of attention last year

The RIO programme is a body of work currently being undertaken by IP Australia in an effort to build a system to manage workflow and IP right cases based on user centered design methodology. The RIO programme will see IPA harmonise its IP Rights through process reengineering, simplification of technology and processes and legislative requirements.

Statistics: changes in terms of application filings and grants (registrations) with respect to previous year; trends or areas experiencing rapid changes

Design applications filed

2013: 6,912

2014: 6,610

Percentage difference: Design applications filed decreased by 4.4%

Design applications Registered

2013: 7,064

2014: 6,636

Percentage difference: Design applications granted decreased by 6.1 %

Note: A single application may include a number of designs (multiple).  However, each design in the application will be allocated a separate application number even if it is filed as a multiple.  The figures above are for the number of designs filed.

Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.

http://www.ipaustralia.gov.au/about-us/what-we-do/facts-and-stats/

“Australian Intellectual Property Report 2015” - http://www.ipaustralia.gov.au/about-us/what-we-do/reports/ip_report_2015/

II. SERVICES AND ACTIVITIES RELATED TO INDUSTRIAL DESIGN INFORMATION CARRIED OUT BY THE OFFICE

Information and support provided by the Office to applicants regarding filing on paper and/or e-filing (instructions, seminars, etc.) - URLs

Planning, administration, automation, security

IP Australia’s Contact Centre provides a central contact for customers to obtain information about a wide range of Intellectual Property issues.  Customers contact the Call Centre via telephone, and online enquiry form with around 95% of matters of a general nature solved at the first point of contact.

Increasingly, IP Australia is using its web site as a means of providing an alternative means of public access to these services.  Designs can be searched via ADDS.

IP Australia has implemented a system to support business-to-customer (eServices) data exchange of patents, industrial designs and trade marks transactions. This system provides a platform for IPA customers to interact electronically with our office. As such traditional modes of filing and communication have been decommissioned such as fax.

IP Australia has recently implemented a system to support business-to-business data exchange of patents, industrial designs and trade marks transactions with its high volume clients (Patents and Trade Mark Attorneys). This system will be consistent with WIPO electronic filing and National e-commerce standards.

Collection management, preservation

All Australian Designs records/documents are handled in accordance with Office procedures set down under Australian Law and archiving practices.

Information services available to the public (including computerized services and search files contained in libraries remote from your Office and industrial design information posted by your Office on the World Wide Web)

Information services are available on the IP Australia website - http://www.ipaustralia.gov.au/

URLs of web pages of the Office's website for electronic filing of industrial design applications

http://www.ipaustralia.gov.au/get-the-right-ip/eservices/

URLs of web pages of the Office’s website that provide information on business procedures such as: filing, publication, examination and registration procedures related to industrial designs; opposition and appeal procedures related to industrial designs; etc.

General information

http://www.ipaustralia.gov.au/get-the-right-ip/designs/

Forms and Publications

http://www.ipaustralia.gov.au/get-the-right-ip/designs/designs-forms/

and

http://www.ipaustralia.gov.au/get-the-right-ip/designs/designs-publications/

Examiners Manual

http://www.ipaustralia.gov.au/pdfs/designsmanual/WebHelp/designs_exam_manual.htm

URLs of web pages of the Office’s website that provide a description of information products and services offered by the Office (e.g., industrial design search service(s) and industrial design databases), as well as information on how to access and utilize them

http://www.ipaustralia.gov.au/get-the-right-ip/designs/search-for-a-design/

Availability of the application dossier in electronic form

As at 2014 IP Australia does not provide the application dossier in an electronic form.

Classification and reclassification activities; classification system used, e.g., International Classification for Industrial Designs (Locarno Classification), other classification

Industrial Design applications are classified according to the International Designs Classification [Locarno].

Active IDC classes are, in specific instances, further subdivided into internally defined subdivisions.

Other activities

III. SOURCES OF INDUSTRIAL DESIGN INFORMATION PROVIDED BY THE OFFICE

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 Australian Official Journal of Designs is published fortnightly. There are 25 issues per year - the Easter and Christmas weeks being excluded. The Journal is available on-line, free of charge, via the IP Australia internet site and contains both bibliographic text, and images.
Standard Notices and Letters are produced via the Designs mainframe business application as XEROX XICS output.
Examination Reports are generated in Microsoft Word.

Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online - URL), etc.

The Official Journal contains the following announcements:
- Applications Filed
- Applications Registered or Published
- Amendments and Changes
- Applications Lapsed/Withdrawn
- Assignment, Transmittals and Transfers
- Cancellation of Entries in Register
- Renewal of Registration
- Official Notices

The Australian Official Journal of Designs can be accessed at the following URL:
http://pericles.ipaustralia.gov.au/ols/epublish/content/olsDesignPDFs.jsp

The Australian Designs Data Searching (ADDS) system can be accessed at the following URL:
http://pericles.ipaustralia.gov.au/adds2/adds.adds_start.intro

Information on IP Australia’s Bulk Data Products can be found at:

http://www.ipaustralia.gov.au/about-us/doing-business-with-us/bulk-data-products/

Information products (coverage, medium, etc.) available to examiners, including external documentation and databases

Mass storage media and microforms used

The Office's bibliographic data is maintained on an ADABAS Natural (zOS) mainframe. Design images (representations) are stored in a Unix file directory.

Australian registered designs are published in the Australian Official Journal of Designs and on microfiche (historical from 1906 to 30 September 1998).

Bibliographic data and images for registered designs post 1985 are also available on the Australian Designs Data Search (ADDS) system on the internet.

Databases and office automation

Current standard desktop software includes Microsoft Windows 7 with Microsoft Office 2010.

The Office's publication system is partially mainframe based and produces:

- camera ready copy of the Australian Official Journal of Designs;
- design certificates and original register entries; and
- notices for design applicants or their agents.

Bibliographic data and processing

Bibliographic data is maintained on an ADABAS Natural (zOS) mainframe.

Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.)

Australian Designs Data Searching (ADDS)

ADDS allows you to search for both design applications and registered designs based on a wide range of data fields. All data published in the Australian Official Journal of Designs can be searched on ADDS.

Representations of registered designs are available online from design registration number 90000 to current. The ADDS data includes all applications and registrations from 1986 and all registrations captured from 1973 to 1985 that were still active in 1985. No information exists prior to June 1972.

Legal status information (kind of information, coverage, medium, etc.)

See "In House Systems" and above.

Other sources

IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO INDUSTRIAL DESIGN INFORMATION CARRIED OUT BY THE OFFICE

Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements

Hardware used to supporting business processes of the Office

In-house systems (online/offline)

Designs bibliographic data and representations [images] for registrations from 1985 can be searched through a web browser application (ADDS – Australian Designs Data Searching). The Official Journal of Designs is also searchable over the Internet for data from July 2001.

External databases

Disclosures relating to other designs filings/registrations of other countries are accessed via relevant Internet databases and search facilities.

Equipment used (hardware, including the types of terminal and network used, and software), carriers used

IP Australia’s head Office has an Ethernet-based LAN providing high speed bandwidth for each user desktop connection. A DMZ-based, ASD approved firewall using IAN ports (Internet IEFT Assigned Numbers) provides the secure means to allow access from internal systems/users to external entities such as the Internet or public/private organisations.

The current SOE includes Windows 7 with Office 2010 Professional Plus, IE 9.0 and Microsoft Outlook.

Internal databases: coverage, updates, interlinks with external sources

The primary business system is the ADABAS Natural mainframe application, DESADMIN, running on IBM zOS. DESADMIN interfaces to a number of satellite applications, e.g. Word for production of reports, XICS for publishing output and ADDS. In July 2013 Des-E (Objective instance) was implemented where electronic case files could be created to align with the filing of electronic correspondence through eServices.

All processing relating to the life-cycle of a design (apart from financial processing) is conducted within this environment. The Designs Office, along with the Patent and Trade Mark Offices in IP Australia is in the process of transitioning its business applications from the mainframe to our strategic server infrastructure environment. This environment includes Sun Solaris, Oracle RDBMS, J2EE, BEA Weblogic, and Objective EDMS.

As at 2014 calendar year IPA has also started transitioning away from BEA Weblogic to JBoss.

Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file

File building

The Designs Office maintains and updates a search file system using the above mentioned IDC subdivision of current applications, previously registered designs in Australia and maintains a store of current local and international publications.

Updating

Search files are regularly updated as appropriate.

Administrative management electronic systems (register, legal status, statistics, and administrative support)

See "In-house Systems" and "Information products…"

Other matters

V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF INDUSTRIAL DESIGN INFORMATION

Office's library (if deals with industrial design information): equipment, collection management, network of libraries in the country, cooperation with foreign libraries

Collection management, preservation

All Australian Designs records/documents are handled in accordance with Office procedures set down under Australian Law and archiving practices.

Information services available to the public (including computerized services and search files contained in libraries remote from your Office and patent information posted by your Office on the World Wide Web)

Information services are available on the IP Australia website.

http://www.ipaustralia.gov.au/

Publications related to different business procedures and industrial design information sources available to users, for example, books, brochures, Internet publications, etc.

IP Australia provides lots of useful links and topics on a wide range of business procedures and patent information external to IPA through navigation of our website.

http://www.ipaustralia.gov.au/

Cooperation with universities, technology and innovation support centers, etc.

Education and training: training courses, e learning modules (URLs), seminars, exhibitions, etc.

Exporters:

Our partnership with the Export Council of Australia is designed to equip our stakeholders and customers with the tools and information they need when trading, or preparing to trade overseas to ensure they’re protecting their ideas, inventions, services or products.  

Accountants:

IP Australia has teamed up with CPA Australia, an accounting body with more than 150 000 members, to deliver a long-term, tailored information campaign to help accountants understand the benefits of identifying and protecting IP assets. With an increased understanding of IP and its role in building business value, accountants will be better equipped to ensure their client’s IP is properly recognised, protected and managed.

Engineers:

IP Australia has been engaged with Engineers Australia since 2014 to promote IP messages to its members via a range of channels. With more than 100 000 members embracing all disciplines of engineering, Engineers Australia is the largest and most diverse professional body for engineers in Australia.

SMEs:

A pilot program, IP for Start-ups, was run in March 2015 to help start-ups and small business understand the basics of IP before starting a business. Focussing on patents and trade marks, ten sessions were hosted around Australia. Future program enhancements will include refinements to the content, industry specific case studies and a workshop for creative business.

Vocational Education and Training (VET)

Future managers and leaders look set to be more IP-savvy following IP Australia’s  successful bid to have IP included in core units in a new Diploma of Leadership and Management in the Vocational Education and Training (VET) sector.

Universities

IP Australia delivers an annual presentation to students enrolled in the WIPO-Queensland University of Technology Master of Laws in Intellectual Property.

Stakeholder engagement

Different types of engagement currently occur across the agency and include formal consultation activity required as part of regulatory or procedural reviews, structured activities such as the IP Forum and the Executive Visits Program and more informal engagement by staff attending conferences and trade shows and giving presentations.

IP Stakeholders Forum (IPSHF)

This is the principal forum for consultation, discussion and information exchange on IP matters with the attorney profession and industry.

IP Forum (IPF)

The IPF is a bi-annual event which draws together attendees from industry, academia, and government to discuss and share information on IP issues of strategic importance.

Executive Visits Program (EVP)

The EVP was established to provide engagement opportunities between IP Australia’s executive and senior representatives from industry associations and private enterprise IP rights filers. By engaging proactively with these stakeholders, through IP Australia initiated consultations, the agency can demonstrate its commitment to seek out views and opinions on IP matters of strategic importance.

Indigenous Stakeholder Engagement

IP Australia continues to promote Dream Shield, a suite of information that helps to raise Aboriginal and Torres Strait Islander business owners’ awareness and understanding of IP. In 2014-15, IP Australia delivered a series of IP Master-classes in collaboration with National Museum of Australia’s Warakurna travelling indigenous Art Expo.

State -based Events

State-based events targeted a diverse range of business and industry sectors including SMEs, students, researchers and exporters.

Other activities

eServices and B2B

B2B (business-to-business) is a software product IP Australia provides high volume customers to use that enables the direct transmission of large numbers of service  requests directly into IP Australia internal systems.

eServices is IP Australia’s web-based self-service portal that is widely used  by individuals and attorney firms. There are currently over 90,000 registered eServices users.

Customer responses from annuity firms, attorney firms and self-filers have been very positive. The B2B system has been adopted by the four major annuity firms (by volume) resulting in the majority of renewal transactions being processed automatically. As at December 2013, two Australian-based attorney firms had fully adopted B2B to file the transactions available. A further two are transacting with us via B2B however do not use the B2B system for all IP right submissions.

The first significant release across both channels was in October 2012 when all new applications for all IP right types were implemented in both channels. IP Australia envisaged a gradual take-up of the new eServices/B2B. The aim was to reach about 80 per cent take-up two years after the release. These aims have been well exceeded.

Subsequent releases have seen improvements to the channels based on customer feedback, as well as improvements to support Raising the Bar legislative changes.

In late 2013, IP Australia introduced the “General eService” functionality and “Make a Payment”. These latest enhancements allow users to submit the remaining transaction/service request types including amendments, assignments, extensions of time, opposition matters, international services, invoice payments, and responses to examination reports.

Electronic Correspondence

In September 2014, IP Australia introduced electronic patent correspondence for eServices and B2B customers. This major release represented a first for the agency and assisted us to further streamline our processes and reduce our reliance on physical resources such as paper. We are currently working hard on our capability to deliver Trade Marks and Designs correspondence electronically and we anticipate the initial staged delivery of electronic Trade Mark correspondence will be introduced by late September 2015. Designs electronic correspondence will then follow in early 2016.

VI.INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF INDUSTRIAL DESIGN INFORMATION

International exchange of industrial design information in machine-readable form (e.g., Official Gazettes)

International or regional cooperation in the exchange of industrial design information, e.g., in the form of official gazettes

Largely restricted to the Official Journal which is available on-line.

Participation in international or regional activities and projects related to industrial design information

IP Australia presented at the following seminars and workshops in 2014

  • 28th Annual Intellectual Property Society of Australia and New Zealand (IPSANZ) Conference (September 2014). IPSANZ is an independent society whose principal object is to provide a forum for the dissemination of information and discussions about IP issues among a wide range of stakeholder groups.
  • WIPO National Workshop on the Financial and Human Resource Management of an IP Office (November 2014), the objectives of the workshop were to provide the designated staff of the Ministry of Science and Technology in Myanmar on financial and human resource aspects of managing an IP office.
  • IP Statistics for Decision Makers (Tokyo, November 2014), this annual event is the peak conference on the use of data, statistics and economic evidence in IP policy.
  • OECD conference on Entrepreneurship, Innovation and Enterprise Dynamics and Working Party on industry Analysis (December 2014). IP Australia was invited to present its work on the IP Government Open Data project and related economic work.

Assistance to developing countries

Through the WIPO Funds-in-Trust theme of developing the IP system, IP Australia has supported the following activities in 2014:

-       Sub-regional Workshop on Copyright, Creativity and Development for Decision Makers of South Pacific Countries (March 2014)

-       National Training on Successful Technology Licensing (STL) (Philippines) (May 2104)

-       National Training on Successful Technology Licensing (Indonesia) (June 2014)

-       Training Program on Financial and Human Resource Management of a National IP Office (Myanmar) (November 2014)

-       WIPO / FIT Australia National Training Program on Advanced Successful Technology Licensing (STL) (Philippines) (September 2014)

-       WIPO / FIT Australia National Workshop on Successful Technology Licensing (STL) (Vietnam) (December 2014)

-       Development of national IP Strategies – Cook Islands, Solomon Islands, Vanuatu, Tonga

Other activities

VII. OTHER RELATED MATTERS

URLs of web pages of the Office’s website that:

Provide information on legislation related to industrial designs

Designs Act: http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401901?OpenDocument 

Designs Regulations: http://www.comlaw.gov.au/ComLaw/Management.nsf/current/bytitle/5654A5E61547B81BCA256F710006C911?OpenDocument&mostrecent=1 

Intellectual Property Laws Amendment (Raising the Bar) Act 2012
http://www.comlaw.gov.au/Details/C2012A00035

Contain the Annual Report of the Office

Annual Report

http://www.industry.gov.au/AboutUs/CorporatePublications/AnnualReports/Pages/default.aspx

(Refer part B for information on IP Australia: )

Contain industrial design-related news regarding the Office

Latest news:

Latest news is featured on the home page of IP Australia's website:

http://www.ipaustralia.gov.au/

Subscription-based mailing lists

http://www.ipaustralia.gov.au/about-us/news-media-and-events/

Other relevant matters

The Australian Design IP system provides for 2 types of applications:

  • Application for registration to obtain rights in the design
  • Application for publication which provides no rights except to exclude others from obtaining a valid registration as subsequent designs would not be new.

All applications are assessed against a Formality check prior to Registration or Publication.

Once registered, the owner has a range of rights including the right to use, license and assign the design.  However, the right to enforce and prevent others from using, selling or importing the design can only be commenced once the design has been examined and a certificate of examination has issued.

- The expression "industrial designs" covers industrial designs and models.

- Offices which issue design patents should report their design patent information activities in this series of Annual Technical Reports.