Commonwealth Numbered Acts

DESIGNS AMENDMENT ACT 1981 No. 42 of 1981 - SECT 9

9. Section 17 of the Principal Act is amended -

   (a)  by omitting sub-section (1) and substituting the following
        sub-sections:



"(1) Subject to this Act, a design shall not be registered unless it is a new
or original design and, in particular, shall not be registered in respect of
an article if the design -

   (a)  differs only in immaterial details or in features commonly used in the
        relevant trade from a design that, before the priority date in respect
        of the application for registration, was registered, published or used
        in Australia in respect of the same article; or

   (b)  is an obvious adaptation of a design that, before the priority date in
        respect of the application for registration, was registered, published
        or used in Australia in respect of any other article.



"(1A) For the purposes of sub-section (1), account shall not be taken of any
secret use."; and

   (b)  by omitting from sub-section (2) "or for articles included in such
        classes of articles,".