Commonwealth Consolidated Regulations

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DESIGNS REGULATIONS 2004 - REG 3.14

Period within which application lapses

         (1)   For paragraph 33 (1) (a) of the Act, the prescribed period is:

                (a)    if the design is an excluded design -- the period:

                          (i)    starting on the day when the request to exclude the design is filed; and

                         (ii)    ending on the day when the application is filed; or

               (b)    if the design is a design mentioned in section 55 of the Act, and the period of 6 months from the priority date of the design has expired when an application is filed as mentioned in that section -- the day when the application is filed; or

                   

                (c)    in any other case -- 6 months from the priority date of the design.

Note    Paragraph 3.14 (1) (a) also applies to a design excluded from certain transitional applications, see regulation 12.03.

         (2)   For paragraph 33 (1) (b) of the Act, the prescribed period is 2 months from the later of:

                (a)    the date of the first notice given by the Registrar under section 41 of the Act in relation to the design or designs in respect of which registration is requested; and

               (b)    the date of the first notice given by the Registrar under section 57 of the Act in relation to the design or designs in respect of which publication is requested.



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