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Wednesday, 11 December 2002
Page: 10082


Mr ENTSCH (Parliamentary Secretary to the Minister for Industry, Tourism and Resources) (10:14 AM) —I move:

That this bill be now read a second time.

This bill will make the amendments necessary as a consequence of the amendments to be made by the Designs Bill 2002. It includes amendments to the Copyright Act 1968 relating to the overlap between design and copyright protection and minor amendments to a number of other pieces of Commonwealth legislation.

Schedule 1 of the bill will reform sections 74 to 77 comprising division 8 of part III of the Copyright Act. This division deals with the relationship between copyright protection and designs protection. These provisions limit copyright protection of artistic works that are either registered as designs or industrially applied without registration. Typically these provisions apply to drawings that become the designs for mass-produced industrial products.

The policy underlying this division of the Copyright Act is that artistic works that have been commercially exploited as three-dimensional designs should generally lose copyright protection when used as a design. However, artistic works used as a two-dimensional pattern or ornamentation should continue to receive copyright protection. Works of artistic craftsmanship and buildings also retain copyright protection even where industrially applied. The Australian Law Reform Commission supported that policy but recommended several amendments to simplify and clarify the operation of the division. The amendments in schedule 1 implement the government response to the commission's report and make changes that are consequential to the enactment of the Designs Act 2002.

The amendments that are to be made in schedule 2 of this bill are minor amendments consequential to the introduction of the Designs Bill 2002 and repeal of the Designs Act 1906. I present the explanatory memorandum to this bill.

Debate (on motion by Mr Cox) adjourned.