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DESIGNS ACT 2003 - SECT 63 Examination of design

DESIGNS ACT 2003 - SECT 63

Examination of design

  (1)   The Registrar must examine a design that has at any time been a registered design if any person requests, or a court orders, that the Registrar examine the design.

  (2)   The Registrar may, on the Registrar's initiative and at any time, examine a design that has at any time been a registered design.

  (3)   If relevant proceedings in relation to a design are pending in a court, the Registrar must not examine the design unless the court orders that the Registrar examine the design.

  (4)   If:

  (a)   the Registrar has started to examine a design; and

  (b)   relevant proceedings in relation to the design are started;

the Registrar must not continue to examine the design (including considering a request for amendments under section   66) unless a court orders that the Registrar continue to examine the design.

  (5)   For the purposes of this section, the expression a design that has at any time been a registered design :

  (a)   does not include a design whose registration has ceased because of the operation of subsection   48(1); and

  (b)   does not include a design whose registration has been revoked, unless a declaration of the entitled persons has been made under section   52, 53 or 54 in relation to the design.