DESIGNS REGULATIONS 2004
- made under the Designs Act 2003
Table of Provisions
CHAPTER 1--Introductory
- 1.01 Name of Regulations
- 1.04 Interpretation
- 1.05 Convention country
- 1.06 Giving of documents by Registrar
CHAPTER 3--Design applications
PART 3.2----APPLICATIONS
PART 3.3----AMENDMENT OR WITHDRAWAL OF APPLICATIONS
- 3.09 Request for amendment of application
- 3.10 Disputes between applicants--requests for determinations
- 3.11 Requests for direction specifying persons as applicants or entitled persons
- 3.12 Publication of certain details of amended applications
- 3.13 Withdrawal of designs and design applications
PART 3.4----LAPSING OF APPLICATIONS
- 3.14 Period within which application lapses
- 3.15 Notice of lapsing of design application
CHAPTER 4--Registration of designs
PART 4.2----REQUESTS FOR REGISTRATION
- 4.01 Requests for registration
PART 4.3----REGISTRATION
- 4.04 Formalities check--applications in respect of 1 design only
- 4.05 Formalities check--applications in respect of more than 1 design
- 4.06 Registrar must refuse to register certain designs
- 4.07 Period within which Registrar must register certain designs after refusal
- 4.08 Certificate of registration and notice of registration
- 4.09 Renewal of registration
- 4.10 Surrender of registration
- 4.11 Revocation of registration on surrender
- 4.12 Revocation of registration on grounds relating to entitled persons
- 4.13 Notice of revocation of registration
- 4.14 Applications by entitled persons after revocation following surrender of registration
CHAPTER 5--Examination of designs
- 5.01 Requirements for request for examination of design
- 5.02 Grounds for revocation of registration of design
- 5.03 Examination of design--procedures
- 5.04 Period in which examination of a design must be completed
- 5.05 Amendment of registration
- 5.06 Certificate of examination and notice of examination
- 5.07 Revocation of registration after examination
- 5.08 Material provided to Registrar
CHAPTER 7--Jurisdiction and powers of courts
- 7.01 Application to court for compulsory licence
- 7.02 Revocation of registration after grant of compulsory licence
CHAPTER 8--The Crown
- 8.01 Acquisition of design by the Commonwealth
- 8.02 Period within which designs must be registered after prohibition order revoked
CHAPTER 9--The Register
- 9.01 Other particulars to be entered in the Register
- 9.02 Inspection of Register
- 9.03 Amendments of Register to record changes of ownership
- 9.04 Notice specifying amendments to Register
- 9.05 Correction of Register
CHAPTER 10--Administration
- 10.01 Delegation by Registrar
- 10.02 Costs (Act s 127)
CHAPTER 11--Miscellaneous
PART 11.2----FEES
- 11.01 Fees payable
- 11.02 Failure to pay--fee for filing a design application
- 11.03 Failure to pay--fee for filing a request to amend a design application to identify further designs
- 11.04 Failure to pay--fee payable by the registered owner for filing a request for examination
- 11.05 Failure to pay--fee payable by the registered owner in relation to a request for examination filed by another person
- 11.06 Failure to pay--certain other fees for filing
- 11.07 Failure to pay--fee for requesting a hearing
- 11.08 Failure to pay--fee for appearing at a hearing
- 11.09 Failure to pay--fees for requesting supply of documents by the Registrar
- 11.09A Failure to pay--fees for requesting expedited dispatch
- 11.10 Consequences if Registrar does not invite payment
- 11.11 Exemption from fees (Act s 149)
- 11.12 Recovery of fees
PART 11.5----EXTENSIONS OF TIME
- 11.13 Extensions of time for doing a relevant act
- 11.14 Consequence of extension--notice of restoration
PART 11.6----OTHER
- 11.15 Agents (Act s 141)
- 11.16 Right of lien of registered patent attorneys (Act s 142)
- 11.18 Documents to be in English
- 11.18A Publication of notices in the Official Journal
- 11.19 Service of documents
- 11.21 Death of applicant or registered owner (Act s 146, s 147)
- 11.22 Exercise of discretionary powers by Registrar
- 11.23 Written submissions and oral hearings
- 11.24 Practice and procedure in relation to applications, oppositions and other matters
- 11.25 Giving of oral evidence
- 11.26 Declarations
- 11.27 Non compliance in relation to documents other than design applications
- 11.27A Consequences for evidence not meeting filing requirements
- 11.28 Directions for actions not otherwise prescribed
- 11.29 Acting for persons unable to act
- 11.30 Requirements that cannot be complied with for reasonable causes
- 11.31 Review of decisions
- 11.32 Period for doing certain acts--office not open for business
- 11.33 Days when office not open for business
- 11.34 Period for doing certain acts--acts to which section 136A does not apply
CHAPTER 12--Application, saving and transitional provisions
PART 1--GENERAL
- 12.01 Conversion of transitional applications
- 12.02 Former Designs Regulations--transitional
- 12.03 Designs excluded from transitional applications that are not converted applications
- 12.04 Protection and compensation provisions--transitional
PART 2--AMENDMENTS--MADE BY PARTICULAR INSTRUMENTS
- 12.05 Amendments made by the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No. 1)
PART 3--AMENDMENTS--MADE BY THE INTELLECTUAL PROPERTY LAWS AMENDMENT (PRODUCTIVITY COMMISSION RESPONSE PART 1 AND OTHER MEASURES) REGULATIONS 2018
- 12.06 Amendments made by Part 2 of Schedule 2
- 12.07 Amendments made by Part 3 of Schedule 2
- 12.08 Amendments made by Part 9 of Schedule 2
PART 4--AMENDMENTS--MADE BY THE DESIGNS AMENDMENT (ADVISORY COUNCIL ON INTELLECTUAL PROPERTY RESPONSE) REGULATIONS 2021
- 12.09 Registration of designs--removal of publication option
- 12.10 Priority date where application for protection made in a Convention country
- 12.11 Formal requirements
