OLYMPIC INSIGNIA PROTECTION ACT 1987 - SECT 10 Registration of designs
OLYMPIC INSIGNIA PROTECTION ACT 1987 - SECT 10
Registration of designs(1) The AOC may apply to the Registrar to register under this Act the design that, when applied to any article, results in a reproduction of an olympic artistic work.
(a) must be in accordance with an approved form; and
(b) must be accompanied by the prescribed fee; and
(c) must be lodged by being left at, or delivered by post to, the Designs Office.
(3) The Registrar must cause notice of an application to be published in the Gazette and in the Official Journal .
(4) A notice of an application must invite persons who wish to object to the grant of the application on any relevant grounds to make representations in connection with the application by a day specified in the notice.
(5) The day specified in the notice must be at least 60 days after the date of the notice.
(6) A person may, not later than the day specified in the notice, make representations to the Registrar about the application in accordance with an approved form.
(7) Subject to subsection (8), after the Registrar has considered any representations made about the application, the Registrar must register the design if, and only if:
(a) copyright under the Copyright Act 1968 subsists in the olympic artistic work; and
(b) the AOC is the owner of the copyright in the olympic artistic work; and
(c) the AOC is the owner of the design; and
(d) no other person has an interest in the design; and
(e) no corresponding design in relation to the olympic artistic work is registered under the Designs Act 2003 ; and
(f) upon registration of the design, there would be no more than 10 registered designs with unexpired protection periods (including registered designs whose protection periods have not yet started).
(8) A design must not be registered under this section unless it is a new or original design and in particular, must not be registered if the design:
(a) differs from a published design only in immaterial details or in features commonly used in a relevant trade; or
(b) is an obvious adaptation of a published design.
(9) For the purposes of subsection (8), a design in relation to an artistic work is not to be treated:
(a) as other than new or original; or
(b) as having been published or used;
merely because of any use made of the artistic work by the AOC before the day on which the application for registration of the design was lodged.
(10) Where the Registrar decides under subsection (7) to register, or to refuse to register, a design, the Registrar must cause notice of that decision to be published in the Gazette and in the Official Journal .
(11) An appeal lies to the Federal Court from the decision of the Registrar to register, or to refuse to register, a design.
"published design" , in relation to an application under this section, means a design that:
(a) was registered under the Designs Act 2003 ; or
(b) was published or used in Australia in respect of any article;
before the day on which the application was lodged.
(13) For the purposes of the definition of published design in
subsection (12), any secret use of the design is to be disregarded.