Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 17

             (1)  For the purpose of deciding whether a design is new and distinctive, the person making the decision must disregard:

                     (a)  any publication or use of the design, with the consent of the registered owner of the design, or the registered owner's predecessor in title, in circumstances prescribed by the regulations; and

                     (b)  any publication or use of the design, without the consent of the registered owner of the design, by another person who derived or obtained the design from the registered owner of the design, or from the registered owner's predecessor in title;

but only if a design application in respect of the design is made within the prescribed period.

             (2)  For the purpose of deciding whether a design is new and distinctive, the person making the decision must disregard:

                     (a)  any information given by, or with the consent of, the registered owner of the design, or the registered owner's predecessor in title, to any of the following, but to no other person or organisation:

                              (i)  the Commonwealth, a State or a Territory;

                             (ii)  a person authorised by the Commonwealth, a State or a Territory to investigate the design; and

                     (b)  anything done for the purpose of an investigation mentioned in subparagraph (a)(ii).