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Designs Act 2003
In force
Administered by
Department of Industry, Science and Resources
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C2021C00545 C22
11 September 2021
-
09 March 2022
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Table of contents
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Chapter 1—Introductory
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Part 1—Preliminary
1 Short title
2 Commencement
3 Crown to be bound
4 Application of the Act
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Part 2—Interpretation
5 Definitions
5A Meaning of Convention country
6 Definition of product
7 Definition of visual feature
8 References in this Act to a design
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Chapter 2—Design rights, ownership and registrable designs
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Part 1—Simplified outline of Chapter 2
9 Simplified outline
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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
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Part 3—Ownership of designs
13 Who is entitled to be registered as the registered owner of a design
14 Ownership of registered designs
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Part 4—Registrable designs: Validity
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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
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Division 2—Substantial similarity in overall impression
19 Factors to be considered in assessing substantial similarity in overall impression
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Chapter 3—Design applications
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Part 1—Simplified outline of Chapter 3
20 Simplified outline
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Part 2—Design applications
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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
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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
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Division 3—Filing date and priority date
26 Filing date
27 Priority date
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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
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Part 4—Lapsing of design applications
33 Lapsing of design applications
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Chapter 4—Registration or publication of designs
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Part 1—Simplified outline of Chapter 4
34 Simplified outline
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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
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Part 3—Registration
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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’s notification under section 41
43 Registrar must refuse to register certain designs
44 Registrar must register certain designs after refusal
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Division 2—Registration procedures
45 Registrar must notify applicant of registration and give public notice
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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
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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
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Part 4—Publication
57 Publication of a design
58 What happens after Registrar’s notification under section 57
59 Refusal to publish
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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
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Chapter 5—Examination of designs
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Part 1—Simplified outline of Chapter 5
62 Simplified outline
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Part 2—Requests for examination
63 Examination of design
64 Requirements for request for examination of design
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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
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Part 4—Material may be provided to Registrar
69 Certain material may be provided to Registrar
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Chapter 6—Infringement
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Part 1—Simplified outline of Chapter 6
70 Simplified outline
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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
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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
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Chapter 7—Jurisdiction and powers of courts
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Part 1—Simplified outline of Chapter 7
82 Simplified outline
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Part 2—Jurisdiction
83 Jurisdiction of Federal Court
83A Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)
84 Jurisdiction of other prescribed courts
85 Exercise of jurisdiction
86 Transfer of proceedings etc.
87 Appeals
88 Powers of Federal Court and Federal Circuit and Family Court of Australia (Division 2) on hearing an appeal
89 Registrar may appear in appeals
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Part 3—Compulsory licences and revocation of registration
90 Person may apply to court for compulsory licence
91 Terms of compulsory licence
92 Revocation of registration after grant of compulsory licence
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Part 4—Revocation of registration by court in other circumstances
93 Revocation of registration in other circumstances
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Chapter 8—The Crown
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Part 1—Simplified outline of Chapter 8
94 Simplified outline
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Part 2—Use by the Crown
95 Meaning of terms
96 Crown use of designs—general rule
96A Crown use of designs—emergencies
97 Applicants, entitled persons and registered owners to be informed of use
98 Crown use of designs—terms (including remuneration)
99 Certain agreement and licences inoperative unless approved by relevant Minister
102 Crown use of designs—court order to cease
103 Sale of products
104 Forfeited products
105 Supply of products by the Commonwealth to foreign countries
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Part 3—Acquisition by and assignments to the Crown
106 Acquisition of design by the Commonwealth
107 Assignment of design to the Commonwealth
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Part 4—Prohibition orders
108 Prohibition of publication of information about designs
109 Publication of information about designs
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Chapter 9—The Register
110 Simplified outline
111 Registrar must keep Register
112 Register may be kept by computer
113 Inspection of Register
114 Amendments of Register to record changes of ownership
115 Amendments of Register made to give effect to certain decisions
116 Reissue of certificates
117 Trusts not to be entered in Register
118 Evidentiary provision
119 Admissibility of unregistered interests
120 Rectification of Register
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Chapter 10—Administration
121 Simplified outline
122 Registrar
123 Deputy Registrars
124 Delegation by Registrar
125 Designs Office
126 Seal of Designs Office
127 Registrar’s Powers
128 Recovery of costs
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Chapter 11—Miscellaneous
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Part 1—Simplified outline of Chapter 11
129 Simplified outline
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Part 2—Fees
130 Fees
130A Approved means of paying a fee
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Part 3—Offences
131 False entries in Register
132 False representation that a design is registered
133 False representations about the Designs Office
134 Failure to comply with requirements of Registrar
135 Officers not to traffic etc. in designs
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Part 3A—Computerised decision-making
135A Computerised decision-making
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Part 4—Review of the Registrar’s decisions
136 Review by Administrative Appeals Tribunal
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Part 4A—Doing act after end of period otherwise provided for doing it
136A Doing act when Designs Office reopens after end of period otherwise provided for doing act
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Part 5—Extensions of time
137 Extensions of time
138 Consequences of extension
139 Protection of third parties
140 Infringement proceedings
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Part 6—Other
141 Powers of agents
142 Right of lien of registered patent attorney and registered trade marks attorney
143 Revocation of registration does not affect court decisions and things done under contracts before revocation
144 Filing of documents
144A Approved means of filing documents
144B Directions by Registrar for filing of documents
144C Directions by Registrar for filing of evidence
144D Notifications by Registrar under this Act or regulations
145 Service of documents
146 Death of applicant before application determined
147 Death of person after design registered
148 Exercise of discretionary power by Registrar
149 Regulations
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Chapter 12—Repeal, transitional and saving provisions
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Part 1—Repeal of Designs Act 1906
150 Repeal
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Part 2—Transitional and saving provisions
151 Application of this Act to certain designs
152 Term of registration of certain designs
153 Applications made before commencing day
154 Other applications and proceedings
155 Pending proceedings
156 Infringement under old Act
157 Registrar and Deputy Registrar
158 The Register
159 Conversion of transitional applications
160 Effect of a converted application
160A Approvals under subsection 40A(6) of old Act
161 Definitions
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
