Commonwealth Consolidated Regulations

DESIGNS REGULATIONS 2004 - REG 3.07

         (1)   This regulation applies if:

                (a)    an application for protection in respect of a design has been made in a Convention country in accordance with these Regulations; and

               (b)    the application has been withdrawn, abandoned or refused without becoming open to public inspection; and

                (c)    the application has not been used as the basis for claiming a right of priority in a Convention country under the law of that country corresponding to regulation 3.06; and

               (d)    a later application for protection in respect of the design has been made by the same applicant in the Convention country in which the earlier application was made.

         (2)   The applicant may request the Registrar to disregard the earlier application for the purpose of identifying the basic application referred to in subregulation 3.06 (2).

         (3)   If the applicant makes a request under subregulation (2):

                (a)    the Registrar must disregard the earlier application for that purpose; and

               (b)    neither the applicant nor any other person is capable of making use of the earlier application for that purpose.