DESIGNS ACT 2003 - SECT 68 Revocation of registration after examination

DESIGNS ACT 2003 - SECT 68

  (1)   This section applies in relation to a registered design if:

  (a)   the Registrar has examined the design, and is satisfied that a ground for revocation of the registration of the design has been made out and the ground would not be removed if the Register were amended as proposed in a request under section   66; and

  (b)   the registration of the design has not ceased under subsection   48(1).

  (2)   The Registrar must:

  (a)   notify the relevant parties that the registration of the design is revoked; and

  (b)   make an entry in the Register under section   115.

  (3)   The Registrar must also publish a notice that satisfies the requirements prescribed by the regulations and that states that the registration of the design has been revoked and that the design is taken never to have been registered.

  (4)   The Registrar must not revoke the registration of a design under this section unless:

  (a)   the Registrar has given the registered owner a reasonable opportunity to be heard; and

  (b)   if appropriate, the Registrar has given the registered owner a reasonable opportunity to amend the relevant registered design for the purpose of removing a ground for the revocation of the registration of the design and the registered owner has failed to do so.

  (5)   The Registrar must not revoke the registration of a design under this section while relevant proceedings in relation to that design are pending.

  (6)   An appeal lies to the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) against a decision of the Registrar under this section.