Commonwealth Numbered Acts

DESIGNS AMENDMENT ACT 1981 No. 42 of 1981 - SCHEDULE

                                    SCHEDULE                          Section
33
CONSEQUENTIAL AMENDMENTS OF COPYRIGHT ACT 1968

1. The following provisions of the Principal Act are amended by omitting
"copyright" (wherever occurring) and substituting "monopoly":

Paragraphs 75 (a) and (b) and 76 (1) (b).

2. The Principal Act is further amended as set out in the following table:

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-- Provision                     Amendment

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-- Sub-section 8 (1) . . . . . . Omit "or of the Designs Act 1906-1968"

Heading to Division 8 of      Omit "Industrial"
Part III

Sub-section 74 (2) . . . . . Omit, substitute the following sub-section:

"(2) In this Division -

   (a)  a reference to the scope of the monopoly in a
registered design is a reference to the aggregate
of the things that, by virtue of the Designs Act
1906, the person registered as the owner, or all
persons registered as owners, of the design has,
or have, the exclusive right to do; and

   (b)  a reference to the scope of the monopoly in a
registered design as extended to all associated
designs and articles is a reference to the
aggregate of the things that, by virtue of that
Act, the person registered as the owner, or all
persons registered as owners, of the design would
have had the exclusive right to do if -

        (i)    when that design was registered, there had at
the same time been registered every other related
design capable of being registered by virtue of
section 25D of that Act, and the person registered as the owner, or all
persons registered as owners, of that design had been registered as the owner,
or owners, of every such other related design; and

        (ii)   that design, and every other related design
capable of being registered by virtue of section
25D of that Act, had been registered in respect of all the articles to which
it was capable of being
applied."

Sub-section 77 (2) . . . . . (a) Omit "fifteen", substitute "16"

   (b)  Omit "copyright in the corresponding design",
substitute "monopoly in the corresonding design"

Sub-section 77 (3) . . . . . Omit "copyright in that design", substitute

"monopoly in that design"
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