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Designs Amendment Regulations 2004 (No. 2)

Authoritative Version
  • - F2004B00374
  • No longer in force
SR 2004 No. 325 Regulations as made
These Regulations amend the Designs Regulations 2004.
Administered by: DITR
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR29-Nov-2004
Tabled Senate29-Nov-2004
Gazetted 25 Nov 2004
Date of repeal 09 Aug 2013
Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013

Designs Amendment Regulations 2004 (No. 2)1

Statutory Rules 2004 No. 3252

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Designs Act 2003.

Dated 18 November 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

IAN MACFARLANE


1              Name of Regulations

                These Regulations are the Designs Amendment Regulations 2004 (No. 2).

2              Commencement

                These Regulations commence on the date of their notification in the Gazette.

3              Amendment of Designs Regulations 2004

                Schedule 1 amends the Designs Regulations 2004.


Schedule 1        Amendments

(regulation 3)

  

[1]           Subregulation 1.04 (1), after definition of Official Journal

insert

old Act means the Designs Act 1906.

old Regulations means the Designs Regulations 1982.

transitional application has the meaning given by subregulation 12.03 (6).

[2]           Subregulation 3.04 (1), at the foot

insert

Note   For a design application in respect of a design excluded from certain transitional applications, see also regulation 12.03.

[3]           Regulation 3.08, at the foot

insert

Note   This regulation also applies to a design excluded from certain transitional applications, see regulation 12.03.

[4]           Paragraphs 3.14 (1) (a) and (b)

substitute

                (a)    if the design is an excluded design — the period:

                          (i)    starting on the day when the request to exclude the design is filed; and

                         (ii)    ending on the day when the application is filed; or

               (b)    if the design is a design mentioned in section 55 of the Act, and the period of 6 months from the priority date of the design has expired when an application is filed as mentioned in that section — the day when the application is filed; or

[5]           Subregulation 3.14 (1), at the foot

insert

Note   Paragraph 3.14 (1) (a) also applies to a design excluded from certain transitional applications, see regulation 12.03.

[6]           Subregulation 4.01 (1)

omit

Act.

insert

Act or in subregulation 12.03 (2).

[7]           Subregulation 4.04 (1), at the foot

insert

Note   For a design application in respect of a design excluded from certain transitional applications, see also regulation 12.03.

[8]           Subregulation 4.05 (1), at the foot

insert

Note   For a design application in respect of a design excluded from certain transitional applications, see also regulation 12.03.

[9]           Subregulation 4.08 (1), note

substitute

Note 1   A statement of newness and distinctiveness is described in paragraph 19 (2) (b) of the Act.

Note   For a design application in respect of a design excluded from certain transitional applications, see also regulation 12.03.

[10]         Subregulation 4.08 (2), note

substitute

Note   A statement of newness and distinctiveness is described in paragraph 19 (2) (b) of the Act.

Note 2   For a design application in respect of a design excluded from certain transitional applications, see also regulation 12.03.

[11]         Subregulation 11.09 (1)

omit

14 or 15

insert

14, 15 or 16

[12]         After regulation 12.02

insert

12.03      Designs excluded from transitional applications that are not converted applications

         (1)   This regulation applies if:

                (a)    1 or more designs are disclosed in a transitional application; and

               (b)    the transitional application is amended under section 22B of the old Act to exclude 1 or more of those designs; and

                (c)    the transitional application is not a converted application; and

               (d)    before the registration, or the refusal of the registration, of the design or designs in the transitional application, the applicant files a design application under section 21 of the Act in respect of 1 or more of the designs excluded from the transitional application (the excluded transitional designs).

Note   For a transitional application that is a converted application, see section 160 of the Act.

         (2)   A design application in respect of excluded transitional designs must include a request for registration or publication of all the designs disclosed in the application.

         (3)   In applying these Regulations (other than regulations 1.04 and 3.02) in relation to an excluded transitional design:

                (a)    a reference to an excluded design is taken to be a reference to the excluded transitional design; and

               (b)    a reference to an initial application is taken to be a reference to the transitional application; and

                (c)    a reference to ‘the design number that was allocated to the excluded design in the initial application’ is taken to be a reference to ‘the application number of the transitional application in which the excluded transitional design was disclosed’; and

               (d)    a reference to ‘a design application mentioned in subsection 23 (2) of the Act’ is taken to be a reference to ‘a design application mentioned in paragraph 12.03 (1) (d)’.

         (4)   Subregulation (5) applies in relation to a design application mentioned in paragraph (1) (d) that was filed before this regulation commences.

         (5)   If a request for registration or publication of each design disclosed in the design application is filed within the period prescribed under these Regulations, as in force immediately before this regulation commences:

                (a)    the request is taken to have been filed on the day when the design application was filed; and

               (b)    the design application is taken to have complied with subregulation (2).

         (6)   In this regulation:

transitional application means an application for registration of a design that was made under the old Act before 17 June 2004.

12.04      Protection and compensation provisions — transitional

         (1)   Subsections 18 (3) and 18 (4) of the old Act, and regulations 29AA, 29A and 29B of, and Schedule 1 to, the old Regulations, are taken to have effect, in relation to an application for a licence under subregulation 29AA (2) of the old Regulations, as if those provisions had not been repealed.

         (2)   Subsection 27B (7) of the old Act, and regulations 29, 29A and 29B of, and Schedule 1 to, the old Regulations, are taken to have effect, in relation to an application for a licence under subregulation 29 (2) of the old Regulations, as if those provisions had not been repealed.

[13]         Schedule 4, item 12, column 3, paragraph (a)

omit

9 or 10

insert

10 or 11

[14]         Schedule 4, after item 15

insert

 

16

Filing a request for certification of a document

$25

Notes

1.       These Regulations amend Statutory Rules 2004 No. 117.

2.       Notified in the Commonwealth of Australia Gazette on 25 November 2004.