Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 13

             (1)  A person mentioned in any of the following paragraphs is entitled to be entered on the Register as the registered owner of a design that has not yet been registered:

                     (a)  the person who created the design (the designer );

                     (b)  if the designer created the design in the course of employment, or under a contract, with another person--the other person, unless the designer and the other person have agreed to the contrary;

                     (c)  a person who derives title to the design from a person mentioned in paragraph (a) or (b), or by devolution by will or by operation of law;

                     (d)  a person who would, on registration of the design, be entitled to have the exclusive rights in the design assigned to the person;

                     (e)  the legal personal representative of a deceased person mentioned in paragraph (a), (b), (c) or (d).

             (2)  Despite subsection (1), a person is not entitled to be entered on the Register as the registered owner of a design that has not yet been registered if:

                     (a)  the person has assigned all of the person's rights in the design to another person; or

                     (b)  the person's rights in the design have devolved on another person by operation of law.

             (3)  To avoid doubt:

                     (a)  more than one person may be entitled to be entered on the Register as the registered owner of a design; and

                     (b)  unless the contrary intention appears, a reference to the registered owner of a registered design in this Act is a reference to each of the registered owners of the design.

             (4)  No person other than a person mentioned in paragraph (1)(a), (b), (c), (d) or (e) is entitled to be entered on the Register as the registered owner of a design that has not yet been registered.