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Designs Act 1906
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C2004C03604
02 October 2001
-
23 July 2003
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Part I—Introductory
1 Short title [see Note 1]
2 Commencement [see Note 1]
4 Interpretation
5 References to prescribed court
5A Crown to be bound
5B Application of Act
6 No new registrations under State Acts
7 Certain registrations not to be renewed
7A Application of the Criminal Code
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Part II—Administration
8 Registrar and other officers
8A Delegation by Registrar
9 Designs Office
10 Seal of Designs Office
11 False representations about the Designs Office
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Part IV—Registration of designs
17 New or original design may be registered
17A Certain designs not to be treated as other than new or original etc.
18 Design may include functional features or be of indefinite dimension
19 Owner of unregistered design
20 Application for registration
20A Withdrawal of application
20B Persons claiming under assignment etc.
21 Priority date
22 Registered design not to be invalid by reason of certain circumstances
22A Death of applicant
22B Amendment of application etc.
22C Division of application after amendment
23 Registrar may register design
24 Registrar may refuse to register design
25 Monopoly in design
25A Co-ownership of registered design
25B Power of Registrar to give directions to co-owners
25C Rights of registered owner to be personal property etc.
25D Subsequent registration of design in respect of other articles
26 Certificate of registration of design
27 Registered designs open to public inspection
27A Period during which registration is in force
27B Extensions of time
28 Applications to prescribed court
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Part V—Infringement of monopoly in designs
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Division 1—Infringement
30 Infringement of monopoly in designs
31 Infringement actions
32 Defendant may counter-claim for rectification of register
32A Intervention by Registrar in infringement action
32B Remedies for infringement of monopoly in designs
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Division 2—Unjustified threats of infringement proceedings
32C Application for relief from unjustified threats
32D Court’s power to grant relief
32E Counter-claim for infringement
32F Notification of registration not a threat
32G Liability of legal practitioner, patent attorney or trade marks attorney
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Part VI—The Register of Designs
33 Register of Designs
34 Trusts not to be noticed
35 Inspection of register
36 False entries in register
37 Correction of register
38 Registration of assignments, transmissions etc.
38AA Registration of legal personal representatives
38A Registration of mortgages licences etc.
38B Unregistered instruments not to be admitted in evidence
39 Rectification of register
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Part VIA—The Crown
40 Interpretation
40A Use of designs for services of the Commonwealth or a State
40B Declaration may be sought as to use of registered design
40C Forfeited articles
40D Acquisition of designs by the Commonwealth
40E Assignment of design to Commonwealth
40F Prohibition of publication of information with respect to designs
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Part VIB—Jurisdiction and powers of courts
40G Jurisdiction of prescribed courts
40H Transfer of proceedings
40I Appeals
40J Powers of prescribed courts
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Part VIC—Applications for review of certain decisions by Administrative Appeals Tribunal
40K Review by Administrative Appeals Tribunal
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Part VII—Miscellaneous
41 Regulations
42 Fees
42A Powers of Registrar
42B Disobedience to summons an offence
42C Refusal to give evidence an offence
42D Recovery of costs
43 Applications and documents by post
44 Registrar may recognize agents
44A Right of lien of patent attorney and trade marks attorney
45 False representation that a design is registered
45A Conduct of employees and agents of natural persons
46 Exercise of discretionary power by Registrar
46A Objection to validity of design not to be taken in certain circumstances
46B Notice of appeal to prescribed court to be given to Registrar etc.
47 Exhibiting of designs at official or international exhibitions
48 Convention countries
49 Applications under International Conventions
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50 Withdrawn application not to be used as basic application in certain circumstances
Notes to the STYLEREF ShortT \* MERGEFORMAT Designs Act 1906
