DESIGNS ACT 2003
Table of Provisions
CHAPTER 1--Introductory
PART 1--PRELIMINARY
PART 2--INTERPRETATION
- 5 Definitions
- 5A Meaning of
- 5B Definition of
- 6 Definition of
- 7 Definition of
- 8 References in this Act to a design
CHAPTER 2--Design rights, ownership and registrable designs
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER 2
- 9 Simplified outline
PART 2--DESIGN--RIGHTS
- 10 Exclusive rights of registered owners
- 11 Assignment of interest in a design
- 12 Power of registered owner to deal with registered design
PART 3--OWNERSHIP--OF DESIGNS
- 13 Who is entitled to be registered as the registered owner of a design
- 14 Ownership of registered designs
PART 4--REGISTRABLE--DESIGNS: VALIDITY
DIVISION 1--Registrable designs- 15 Registrable designs
- 16 Designs that are identical or substantially similar in overall impression
- 17 Certain things to be disregarded in deciding whether a design is new and distinctive
- 18 Certain designs not to be treated as other than new and distinctive DIVISION 2--Substantial similarity in overall impression
- 19 Factors to be considered in assessing substantial similarity in overall impression
CHAPTER 3--Design applications
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER 3
- 20 Simplified outline
PART 2--DESIGN--APPLICATIONS
DIVISION 1--Applications- 21 Person may file a design application
- 22 A design application may be in respect of more than one design
- 23 Design applications covering excluded designs DIVISION 2--How Registrar must deal with a design application
- 24 Design applications that meet the minimum filing requirements
- 25 Publication of receipt of application DIVISION 3--Filing date and priority date
- 26 Filing date
- 27 Priority date
PART 3--AMENDMENT--OR WITHDRAWAL OF DESIGN APPLICATIONS
- 28 Amendment of design applications
- 29 Disputes between applicants
- 30 Persons may ask for design application to proceed in the person's name
- 31 Publication of certain details of amended application
- 32 Withdrawal of designs and design applications
PART 4--LAPSING--OF DESIGN APPLICATIONS
- 33 Lapsing of design applications
CHAPTER 4--Registration of designs
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER 4
- 34 Simplified outline
PART 2--REQUESTS--FOR REGISTRATION
- 35 Request for registration
- 36 Request in respect of designs excluded from an application in respect of more than one design
PART 3--REGISTRATION
DIVISION 1--Formalities check- 39 Formalities check--applications in respect of one design only
- 40 Formalities check--applications in respect of more than one design
- 41 Registrar must give applicants an opportunity to correct deficiencies
- 42 What happens after Registrar's notification under section 41
- 43 Registrar must refuse to register certain designs
- 44 Registrar must register certain designs after refusal DIVISION 2--Registration procedures
- 45 Registrar must notify applicant of registration and give public notice DIVISION 3--Term of registration
- 46 Term of registration
- 47 Renewal of registration
- 48 Ceasing of registration
- 49 Surrender of registration
- 50 Revocation of registration on surrender DIVISION 4--Revocation on grounds relating to entitled persons
- 51 Revocation of registration on grounds relating to entitled persons
- 52 Procedures in relation to application
- 53 Applications by persons declared to be entitled persons in court proceedings
- 54 Applications by entitled persons after revocation following surrender of registration
- 55 Priority date of design if an application filed by a person declared to be an entitled person
- 56 Meaning of
PART 5--CERTAIN--DOCUMENTS TO BE AVAILABLE FOR PUBLIC INSPECTION
- 60 Design applications for registered designs and associated documents to be open for public inspection
- 61 Certain documents not to be published
CHAPTER 5--Examination of designs
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER 5
- 62 Simplified outline
PART 2--REQUESTS--FOR EXAMINATION
- 63 Examination of design
- 64 Requirements for request for examination of design
PART 3--EXAMINATION
- 65 What Registrar must do in examining a design
- 66 Amendment of registration
- 67 Certificate of examination where registration valid
- 68 Revocation of registration after examination
PART 4--MATERIAL--MAY BE PROVIDED TO REGISTRAR
CHAPTER 6--Infringement
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER 6
- 70 Simplified outline
PART 2--INFRINGEMENT--OF REGISTERED DESIGN
- 71 Infringement of design
- 71A Infringement exemption--prior use
- 72 Infringement exemption--repairs
- 73 Infringement proceedings
- 74 Counter-claims
- 75 Remedies for infringement
- 76 Intervention by Registrar
PART 3--RELIEF--FROM UNJUSTIFIED THREATS
- 77 Application for relief from unjustified threats
- 78 Court's power to grant relief
- 79 Counter-claim
- 80 Mere notification of registration not a threat
- 81 Legal practitioners, registered patent attorneys and registered trade marks attorneys
CHAPTER 7--Jurisdiction and powers of courts
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER 7
- 82 Simplified outline
PART 2--JURISDICTION
- 83 Jurisdiction of Federal Court
- 83A Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)
- 84 Jurisdiction of other prescribed courts
- 85 Exercise of jurisdiction
- 86 Transfer of proceedings etc.
- 87 Appeals
- 88 Powers of Federal Court and Federal Circuit and Family Court of Australia (Division 2) on hearing an appeal
- 89 Registrar may appear in appeals
PART 3--COMPULSORY--LICENCES AND REVOCATION OF REGISTRATION
- 90 Person may apply to court for compulsory licence
- 91 Terms of compulsory licence
- 92 Revocation of registration after grant of compulsory licence
PART 4--REVOCATION--OF REGISTRATION BY COURT IN OTHER CIRCUMSTANCES
- 93 Revocation of registration in other circumstances
CHAPTER 8--The Crown
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER 8
- 94 Simplified outline
PART 2--USE--BY THE CROWN
- 95 Meaning of terms
- 96 Crown use of designs--general rule
- 96A Crown use of designs--emergencies
- 97 Applicants, entitled persons and registered owners to be informed of use
- 98 Crown use of designs--terms (including remuneration)
- 99 Certain agreement and licences inoperative unless approved by relevant Minister
- 102 Crown use of designs--court order to cease
- 103 Sale of products
- 104 Forfeited products
- 105 Supply of products by the Commonwealth to foreign countries
PART 3--ACQUISITION--BY AND ASSIGNMENTS TO THE CROWN
- 106 Acquisition of design by the Commonwealth
- 107 Assignment of design to the Commonwealth
PART 4--PROHIBITION--ORDERS
- 108 Prohibition of publication of information about designs
- 109 Publication of information about designs
CHAPTER 9--The Register
- 110 Simplified outline
- 111 Registrar must keep Register
- 112 Register may be kept by computer
- 113 Inspection of Register
- 114 Amendments of Register to record changes of ownership
- 115 Amendments of Register made to give effect to certain decisions
- 116 Reissue of certificates
- 117 Trusts not to be entered in Register
- 118 Evidentiary provision
- 119 Admissibility of unregistered interests
- 120 Rectification of Register
CHAPTER 10--Administration
- 121 Simplified outline
- 122 Registrar
- 123 Deputy Registrars
- 124 Delegation by Registrar
- 125 Designs Office
- 126 Seal of Designs Office
- 127 Registrar's Powers
- 128 Recovery of costs
CHAPTER 11--Miscellaneous
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER 11
- 129 Simplified outline
PART 2--FEES
PART 3--OFFENCES
- 131 False entries in Register
- 132 False representation that a design is registered
- 133 False representations about the Designs Office
- 134 Failure to comply with requirements of Registrar
- 135 Officers not to traffic etc. in designs
PART 3A--COMPUTERISED--DECISION-MAKING
PART 4--REVIEW--OF THE REGISTRAR'S DECISIONS
- 136 Review by Administrative Appeals Tribunal
PART 4A--DOING--ACT AFTER END OF PERIOD OTHERWISE PROVIDED FOR DOING IT
- 136A Doing act when Designs Office reopens after end of period otherwise provided for doing act
PART 5--EXTENSIONS--OF TIME
- 137 Extensions of time
- 138 Consequences of extension
- 139 Protection of third parties
- 140 Infringement proceedings
PART 6--OTHER
- 141 Powers of agents
- 142 Right of lien of registered patent attorney and registered trade marks attorney
- 143 Revocation of registration does not affect court decisions and things done under contracts before revocation
- 144 Filing of documents
- 144A Approved means of filing documents
- 144B Directions by Registrar for filing of documents
- 144C Directions by Registrar for filing of evidence
- 144D Notifications by Registrar under this Act or regulations
- 145 Service of documents
- 146 Death of applicant before application determined
- 147 Death of person after design registered
- 148 Exercise of discretionary power by Registrar
- 149 Regulations
- 149A Instrument determining formal requirements for design applications etc.
CHAPTER 12--Repeal, transitional and saving provisions
PART 1--REPEAL--OF DESIGNS ACT 1906
- 150 Repeal
PART 2--TRANSITIONAL--AND SAVING PROVISIONS
- 151 Application of this Act to certain designs
- 152 Term of registration of certain designs
- 153 Applications made before commencing day
- 154 Other applications and proceedings
- 155 Pending proceedings
- 156 Infringement under old Act
- 157 Registrar and Deputy Registrar
- 158 The Register
- 159 Conversion of transitional applications
- 160 Effect of a converted application
- 160A Approvals under subsection 40A(6) of old Act
- 161 Definitions