Designs Act 2003
No. 147, 2003
An Act relating to designs, and for related purposes
Contents
Chapter 1—Introductory Part 1—Preliminary 1 Short title 2 Commencement 3 Crown to be bound 4 Application of the Act Part 2—Interpretation 5 Definitions 6 Definition of product 7 Definition of visual feature 8 References in this Act to a design Chapter 2—Design rights, ownership and registrable designs Part 1—Simplified outline of Chapter 2 9 Simplified outline Part 2—Design rights 10 Exclusive rights of registered owners 11 Assignment of interest in a design 12 Power of registered owner to deal with registered design Part 3—Ownership of designs 13 Who is entitled to be registered as the registered owner of a design 14 Ownership of registered designs Part 4—Registrable designs: Validity Division 1—Registrable designs 15 Registrable designs 16 Designs that are identical or substantially similar in overall impression 17 Certain things to be disregarded in deciding whether a design is new and distinctive 18 Certain designs not to be treated as other than new and distinctive Division 2—Substantial similarity in overall impression 19 Factors to be considered in assessing substantial similarity in overall impression Chapter 3—Design applications Part 1—Simplified outline of Chapter 3 20 Simplified outline Part 2—Design applications Division 1—Applications 21 Person may file a design application 22 A design application may be in respect of more than one design 23 Design applications covering excluded designs Division 2—How Registrar must deal with a design application 24 Design applications that meet the minimum filing requirements 25 Publication of receipt of application Division 3—Filing date and priority date 26 Filing date 27 Priority date Part 3—Amendment or withdrawal of design applications 28 Amendment of design applications 29 Disputes between applicants 30 Persons may ask for design application to proceed in the person’s name 31 Publication of certain details of amended application 32 Withdrawal of designs and design applications Part 4—Lapsing of design applications 33 Lapsing of design applications Chapter 4—Registration or publication of designs Part 1—Simplified outline of Chapter 4 34 Simplified outline Part 2—Requests for registration or publication 35 Request for registration or publication 36 Request for registration or publication—applications in respect of more than one design 37 Request in respect of designs excluded from an application in respect of more than one design 38 Replacement of request for registration with request for publication Part 3—Registration Division 1—Formalities check 39 Formalities check—applications in respect of one design only 40 Formalities check—applications in respect of more than one design 41 Registrar must give applicants an opportunity to correct deficiencies 42 What happens after Registrar gives notice under section 41 43 Registrar must refuse to register certain designs 44 Registrar must register certain designs after refusal Division 2—Registration procedures 45 Registrar must notify applicant of registration and give public notice Division 3—Term of registration 46 Term of registration 47 Renewal of registration 48 Ceasing of registration 49 Surrender of registration 50 Revocation of registration on surrender Division 4—Revocation on grounds relating to entitled persons 51 Revocation of registration on grounds relating to entitled persons 52 Procedures in relation to application 53 Applications by persons declared to be entitled persons in court proceedings 54 Applications by entitled persons after revocation following surrender of registration 55 Priority date of design if an application filed by a person declared to be an entitled person 56 Meaning of original registered owner Part 4—Publication 57 Publication of a design 58 What happens after Registrar gives notice under section 57 59 Refusal to publish Part 5—Certain documents to be available for public inspection 60 Design applications for registered designs and associated documents to be open for public inspection 61 Certain documents not to be published Chapter 5—Examination of designs Part 1—Simplified outline of Chapter 5 62 Simplified outline Part 2—Requests for examination 63 Examination of design 64 Requirements for request for examination of design Part 3—Examination 65 What Registrar must do in examining a design 66 Amendment of registration 67 Certificate of examination where registration valid 68 Revocation of registration after examination Part 4—Material may be provided to Registrar 69 Certain material may be provided to Registrar Chapter 6—Infringement Part 1—Simplified outline of Chapter 6 70 Simplified outline Part 2—Infringement of registered design 71 Infringement of design 72 Certain repairs do not infringe registered design 73 Infringement proceedings 74 Counter-claims 75 Remedies for infringement 76 Intervention by Registrar Part 3—Relief from unjustified threats 77 Application for relief from unjustified threats 78 Court’s power to grant relief 79 Counter-claim 80 Mere notification of registration not a threat 81 Legal practitioners, registered patent attorneys and registered trade marks attorneys Chapter 7—Jurisdiction and powers of courts Part 1—Simplified outline of Chapter 7 82 Simplified outline Part 2—Jurisdiction 83 Jurisdiction of Federal Court 84 Jurisdiction of other prescribed courts 85 Exercise of jurisdiction