Commonwealth Consolidated Regulations

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DESIGNS REGULATIONS 2004 - REG 2.01

Certain things to be disregarded in deciding whether a design is new and distinctive

         (1)   For paragraph 17 (1) (a) of the Act, a prescribed circumstance is the publication or use of the design at:

                (a)    an official or officially recognised international exhibition within the meaning of:

                          (i)    Article 11 of the Paris Convention for the Protection of Industrial Property done at Paris on 20 March 1883, as in force for Australia on the commencement of this subregulation; or

                         (ii)    Article 1 of the Convention relating to International Exhibitions done at Paris on 22 November 1928, as in force for Australia on the commencement of this subregulation; or

               (b)    an international exhibition recognised by the Registrar by notice published in the Official Journal before the exhibition begins.

         (2)   The circumstance mentioned in subregulation (1) is a prescribed circumstance only if, at the time a design application is made in respect of the design:

                (a)    a notice, stating that the design has been exhibited, has been filed; and

               (b)    a document, issued by the authority responsible for the exhibition, that:

                          (i)    identifies the design and the exhibition; and

                         (ii)    states the date of opening of the exhibition; and

                         (iii)    if the first publication or use of the design did not take place on that date -- states the date on which the first publication or use took place;

has been filed.

         (3)   For subsection 17 (1) of the Act, the prescribed period is 6 months from the date on which the first publication or use of the design took place.

 

   



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