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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Designs Amendment (Advisory Council
on Intellectual Property Response) Bill
2020
No. , 2020
(Industry, Science, Energy and Resources)
A Bill for an Act to amend the
Designs Act 2003
,
and for related purposes
No. , 2020
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Grace period
3
Designs Act 2003
3
Schedule 2--Infringement exemption for prior use
6
Designs Act 2003
6
Schedule 3--Registration of designs--removal of publication
option
9
Designs Act 2003
9
Schedule 4--Relief from infringement before registration
15
Designs Act 2003
15
Schedule 5--Right of exclusive licensee to bring infringement
proceedings
17
Designs Act 2003
17
Schedule 6--Formal requirements
20
Designs Act 2003
20
Schedule 7--Other amendments
22
Part 1--Standard of the informed user
22
Designs Act 2003
22
Part 2--Revocation of registration of design
23
Designs Act 2003
23
Part 3--Renewal of registration of design
24
Designs Act 2003
24
No. , 2020
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
1
A Bill for an Act to amend the
Designs Act 2003
,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Designs Amendment (Advisory Council on
5
Intellectual Property Response) Act 2020
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
6
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 7,
Parts 1 and 2
The day after this Act receives the Royal
Assent.
4. Schedule 7,
Part 3
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Grace period
Schedule 1
No. , 2020
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
3
Schedule 1--Grace period
1
2
Designs Act 2003
3
1 Subsection 17(1)
4
Repeal the subsection, substitute:
5
(1) For the purpose of deciding whether a design (the
subject design
)
6
is new and distinctive, the person making the decision must
7
disregard any of the following publications or uses that occur in the
8
period of 12 months ending at the end of the day before the priority
9
date in relation to the subject design:
10
(a) a publication or use of a design (which may or may not be
11
the subject design) by a relevant entity;
12
(b) a publication or use of a design (which may or may not be
13
the subject design) by another person or body that derived or
14
obtained the design from a relevant entity.
15
Note:
For
relevant entity
, see subsection (1D).
16
(1A) Subsection (1) applies in relation to a publication or use that occurs
17
on or after the commencement of Schedule 1 to the
Designs
18
Amendment (Advisory Council on Intellectual Property Response)
19
Act 2020
(whether the 12-month period referred to in that
20
subsection begins before, on or after that commencement).
21
(1B) Paragraph (1)(b) does not apply to the following publications:
22
(a) a publication by the Registrar under this Act;
23
(b) a publication by a person or body in a foreign country if:
24
(i) the person or body has functions similar to the
25
Registrar's functions; and
26
(ii) the publication is under a law of that foreign country
27
relating to designs;
28
(c) a publication by an agency or organisation that is established
29
under, or in accordance with, an international agreement if:
30
(i) the agency or organisation has functions including
31
publishing designs to the public; and
32
Schedule 1
Grace period
4
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
No. , 2020
(ii) the publication is in accordance with an international
1
agreement relating to designs or with a law relating to
2
designs.
3
(1C) For the purposes of paragraph (1)(b), if:
4
(a) the registered owner of the subject design establishes that:
5
(i) a relevant entity; or
6
(ii) another entity in accordance with an authorisation from
7
a relevant entity;
8
published or publicly used a design (the
first design
and
9
which may or may not be the subject design) before a
10
particular publication or use of a design (the
other design
) by
11
another person or body; and
12
(b) the other design is identical to, or substantially similar in
13
overall impression to, the first design;
14
then it must be presumed that the other person or body derived or
15
obtained the other design from the relevant entity, unless it is
16
established that the other person or body created the other design
17
without reference to, or knowledge of, the first design.
18
(1D) For the purposes of this section, a
relevant entity
is:
19
(a) the registered owner of the subject design; or
20
(b) any predecessor in title of the registered owner; or
21
(c) the person who created the subject design if that person is not
22
covered by paragraph (a) or (b).
23
(1E) If a use of a design is to be disregarded because of subsection (1),
24
then that use must also be disregarded for the purposes of
25
section 18.
26
2 At the end of subsection 18(2)
27
Add:
28
Note:
Certain uses of the design are disregarded: see subsection 17(1E).
29
Grace period
Schedule 1
No. , 2020
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
5
3 Saving provision
1
Subsection 17(1) of the
Designs Act 2003
and regulations made for the
2
purposes of paragraph 17(1)(a) or subsection 17(1) of that Act, as in
3
force immediately before the commencement of this item, continue to
4
apply on and after that commencement in relation to a publication or
5
use that occurred before that commencement.
6
Schedule 2
Infringement exemption for prior use
6
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
No. , 2020
Schedule 2--Infringement exemption for prior
1
use
2
3
Designs Act 2003
4
1 At the end of subsection 71(1)
5
Add:
6
Note:
See section 4 for the application of this Act.
7
2 After section 71
8
Insert:
9
71A Infringement exemption--prior use
10
(1) In relation to a registered design where the priority date of the
11
design is on or after the commencement of this section, a person
12
may, without infringing the registered design, do an act:
13
(a) that is referred to in paragraph 71(1)(a), (b), (c), (d) or (e);
14
and
15
(b) that would infringe that registered design apart from this
16
subsection;
17
if before that priority date:
18
(c) the person had:
19
(i) made a product, in relation to which the design became
20
registered, which embodied a design (the
comparable
21
design
) that was identical to, or substantially similar in
22
overall impression to, the design that became registered;
23
or
24
(ii) imported such a product into Australia for sale, or for
25
use for the purposes of any trade or business; or
26
(iii) sold, hired or otherwise disposed of such a product; or
27
(iv) used such a product in any way for the purposes of any
28
trade or business; or
29
(v) kept such a product for the purpose of doing any of the
30
things mentioned in subparagraph (iii) or (iv); or
31
Infringement exemption for prior use
Schedule 2
No. , 2020
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
7
(d) the person had taken definite steps (contractually or
1
otherwise and whether or not in Australia) to do an act
2
covered by paragraph (c).
3
Note:
For paragraph (c)--see section 4 for the application of this Act.
4
(2) Subsection (1) does not apply unless immediately before the
5
priority date of the registered design:
6
(a) either:
7
(i) the person was doing an act covered by
8
paragraph (1)(c); or
9
(ii) the person was not doing such an act only because the
10
person had temporarily stopped the doing of such an
11
act; or
12
(b) either:
13
(i) the person was taking the steps covered by
14
paragraph (1)(d); or
15
(ii) the person was not taking such steps only because the
16
person had temporarily stopped the taking of such steps.
17
Limit if comparable design derived from registered owner etc.
18
(3) Subsection (1) does not apply if the person derived the comparable
19
design from one of the following entities:
20
(a) the person who became the registered owner of the registered
21
design referred to in subsection (1);
22
(b) any predecessor in title of the person referred to in
23
paragraph (a);
24
(c) the person who created that registered design if that person is
25
not covered by paragraph (a) or (b);
26
unless the derivation was from information made publicly available
27
by or with the consent of an entity covered by paragraph (a) or (b).
28
Exemption for successors in title
29
(4) A person (the
disposer
) may dispose to another person the whole
30
of the disposer's entitlement under subsection (1) or this subsection
31
to do an act without infringing the registered design referred to in
32
subsection (1). If there is such a disposal, the other person may,
33
without infringing that registered design, do an act:
34
Schedule 2
Infringement exemption for prior use
8
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
No. , 2020
(a) that is referred to in paragraph 71(1)(a), (b), (c), (d) or (e);
1
and
2
(b) that would infringe that registered design apart from this
3
subsection.
4
Exemption for persons who obtain products
5
(5) If a person sells or otherwise disposes of a particular product to
6
another person:
7
(a) in accordance with subsection (1) or (4) or this subsection;
8
and
9
(b) without infringing the registered design referred to in
10
subsection (1);
11
the other person may, without infringing that registered design, do
12
an act:
13
(c) that is referred to in paragraph 71(1)(c), (d) or (e) in relation
14
to that product; and
15
(d) that would infringe that registered design apart from this
16
subsection.
17
3 Section 72 (heading)
18
Repeal the heading, substitute:
19
72 Infringement exemption--repairs
20
Registration of designs--removal of publication option
Schedule 3
No. , 2020
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
9
Schedule 3--Registration of designs--
1
removal of publication option
2
3
Designs Act 2003
4
1 Section 20
5
Omit "or publication".
6
2 Paragraph 23(1)(d)
7
Omit ", or published under section 57".
8
3 Subsection 23(3)
9
Omit "or publication".
10
4 Paragraph 24(1)(c)
11
Omit "or publication".
12
5 At the end of paragraph 24(1)(c)
13
Add "and state the effect of subsections 35(4) and (5)".
14
6 Subsection 32(4)
15
Omit "or publication".
16
7 Subsection 33(1)
17
Repeal the subsection, substitute:
18
(1) A design application lapses if the Registrar has given the applicant
19
a notification under section 41 in respect of the application, and the
20
applicant has not, within the period prescribed by the regulations:
21
(a) requested that the application be amended; or
22
(b) responded in writing to the notification as mentioned in
23
subparagraph 41(c)(ii);
24
in such a way that the Registrar is satisfied that the application
25
meets the applicable requirements of Chapter 4.
26
Schedule 3
Registration of designs--removal of publication option
10
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
No. , 2020
8 Subsection 33(3)
1
Repeal the subsection.
2
9 Chapter 4 (heading)
3
Repeal the heading, substitute:
4
Chapter 4--Registration of designs
5
10 Section 34
6
Omit:
7
Part 2 permits an applicant to request registration or publication of
8
all or any of the designs disclosed in a design application.
9
substitute:
10
Part 2 permits an applicant to request registration of all or any of
11
the designs disclosed in a design application. If the applicant does
12
not request registration of a design within a period prescribed by
13
the regulations, the applicant is taken to have made the request.
14
11 Section 34
15
Omit "or publish".
16
12 Section 34
17
Omit "or 4".
18
13 Part 2 of Chapter 4 (heading)
19
Repeal the heading, substitute:
20
Part 2--Requests for registration
21
14 Section 35 (heading)
22
Repeal the heading, substitute:
23
Registration of designs--removal of publication option
Schedule 3
No. , 2020
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
11
35 Request for registration
1
15 Before subsection 35(1)
2
Insert:
3
Actual requests for registration
4
16 Subsection 35(1)
5
Omit "or publication".
6
17 Paragraph 35(2)(b)
7
Omit "(but see sections 37 and 38)".
8
18 At the end of section 35
9
Add:
10
Deemed requests for registration
11
(4) If:
12
(a) one design is disclosed in a design application; and
13
(b) at the end of the period applicable under paragraph (2)(b):
14
(i) the applicant has not made a request in relation to the
15
design in accordance with subsections (1) to (3); and
16
(ii) the applicant has not withdrawn the application in
17
accordance with section 32;
18
then the applicant is taken to have requested that the design be
19
registered.
20
(5) If:
21
(a) more than one design is disclosed in a design application; and
22
(b) for a design (the
subject design
) disclosed in the application,
23
at the end of the period applicable under paragraph (2)(b) in
24
relation to the subject design:
25
(i) the applicant has not made a request in relation to the
26
subject design in accordance with subsections (1) to (3);
27
and
28
(ii) the subject design has not been excluded from the
29
application by an amendment under section 28; and
30
Schedule 3
Registration of designs--removal of publication option
12
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
No. , 2020
(iii) the applicant has not withdrawn the application in
1
accordance with section 32; and
2
(iv) the applicant has not withdrawn the subject design from
3
the application in accordance with section 32;
4
then the applicant is taken to have requested that the subject design
5
be registered.
6
Note:
Subsection (5) applies separately in relation to each design that is
7
disclosed in the design application.
8
Relationship with section 36
9
(6) This section is subject to section 36.
10
19 Sections 36 to 38
11
Repeal the sections, substitute:
12
36 Request in respect of designs excluded from an application in
13
respect of more than one design
14
A person who files a design application (the
later application
) in
15
respect of designs excluded from an initial application is taken, at
16
the time the later application is filed, to have requested registration
17
of all the designs disclosed in the later application.
18
20 At the end of paragraph 39(1)(b)
19
Add "(including a request taken to have been made under
20
subsection 35(4))".
21
21 At the end of paragraph 40(1)(b)
22
Add "(including a request taken to have been made under
23
subsection 35(5))".
24
22 Paragraph 41(c)
25
Omit "paragraph 33(1)(b)", substitute "subsection 33(1)".
26
23 Part 4 of Chapter 4
27
Repeal the Part.
28
Registration of designs--removal of publication option
Schedule 3
No. , 2020
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
13
24 Subsection 60(1)
1
Omit "or published".
2
25 Paragraphs 60(1)(d) and (e)
3
Omit "or publication".
4
26 Subparagraph 60(4)(b)(iii)
5
Omit "was neither registered nor published", substitute "have not been
6
registered".
7
27 Subsection 60(4)
8
Omit "were not registered or published", substitute "have not been
9
registered".
10
28 Subsection 61(3)
11
Omit "or publication".
12
29 Subsection 108(3)
13
Omit "or published".
14
30 Paragraph 108(4)(b)
15
Omit "or published".
16
31 Subsection 108(4)
17
Omit "or published" (last occurring).
18
32 Paragraph 136(1)(e)
19
Repeal the paragraph.
20
33 Subsection 137(7) (paragraph (b) of the definition of
21
relevant act
)
22
Omit "or publication".
23
34 Section 146
24
Omit "or publication".
25
Schedule 3
Registration of designs--removal of publication option
14
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
No. , 2020
35 Paragraph 149(2)(i)
1
Omit "or publication".
2
36 Application provisions
3
(1)
The amendments of section 23 of the
Designs Act 2003
made by this
4
Schedule apply in relation to initial applications filed under section 21
5
of that Act on or after the commencement of this item.
6
(2)
The amendments of sections 24, 32, 33, 35, 39, 40, 41, 60, 61, 108, 136,
7
137 and 146 of the
Designs Act 2003
, the repeal of sections 36 to 38
8
and of Part 4 of Chapter 4 of that Act
and the substitution of section 36
9
of that Act made by this Schedule apply in relation to design
10
applications filed under section 21 of that Act on or after the
11
commencement of this item.
12
Relief from infringement before registration
Schedule 4
No. , 2020
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
15
Schedule 4--Relief from infringement before
1
registration
2
3
Designs Act 2003
4
1 After subsection 75(1)
5
Insert:
6
Relief for defendant--infringement before date of registration
7
(1A) To the extent that the infringement proceedings relate to an
8
infringement occurring before the date on which the design was
9
registered, the court may:
10
(a) refuse to award damages; or
11
(b) reduce the damages that would otherwise be awarded; or
12
(c) refuse to make an order for an account of profits;
13
if the defendant satisfies the court that, at the time of the
14
infringement, the defendant was not aware, and could not
15
reasonably have been expected to be aware, that an application in
16
respect of the design had been filed under section 21.
17
2 Before subsection 75(2)
18
Insert:
19
Relief for defendant--infringement on or after date of registration
20
3 Subsection 75(2)
21
Omit "The court", substitute "To the extent that the infringement
22
proceedings relate to an infringement occurring on or after the date on
23
which the design was registered, the court".
24
4 Before subsection 75(3)
25
Insert:
26
Schedule 4
Relief from infringement before registration
16
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
No. , 2020
Additional damages
1
5 Before subsection 75(4)
2
Insert:
3
Prima facie evidence
4
6 Before subsection 75(5)
5
Insert:
6
Definitions
7
7 Application provision
8
The amendments made by this Schedule apply in relation to a design
9
that becomes a registered design on or after the commencement of this
10
item, where the design application was filed under section 21 of the
11
Designs Act 2003
on or after that commencement.
12
Right of exclusive licensee to bring infringement proceedings
Schedule 5
No. , 2020
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
17
Schedule 5--Right of exclusive licensee to
1
bring infringement proceedings
2
3
Designs Act 2003
4
1 Section 5
5
Insert:
6
exclusive licensee
has the meaning given by section 5B.
7
2 After section 5A
8
Insert:
9
5B Definition of
exclusive licensee
10
(1)
For the purposes of this Act, an
exclusive licensee
is a licensee
11
under a licence granted by the registered owner of a registered
12
design that confers on the licensee, or on the licensee and persons
13
authorised by the licensee, the exclusive rights in the design
14
mentioned in paragraphs 10(1)(a) to (e) to the exclusion of the
15
registered owner and all other persons.
16
(2) Subsection (1) applies whether or not the licence also confers on
17
the licensee the exclusive right in the design mentioned in
18
paragraph 10(1)(f) to the exclusion of the registered owner and all
19
other persons.
20
3 Section 70
21
After "Part 2 also provides that the registered owner of a design", insert
22
"or an exclusive licensee".
23
4 Subsection 71(1)
24
After "registered owner of the design", insert "or an exclusive licensee".
25
5 At the end of paragraph 71(2)(b)
26
Add "or an exclusive licensee".
27
Schedule 5
Right of exclusive licensee to bring infringement proceedings
18
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
No. , 2020
6 Paragraph 72(2)(a)
1
After "a person", insert "(the
first person
)".
2
7 Paragraph 72(2)(b)
3
Omit "the person", substitute "the first person".
4
8 Subsection 72(2)
5
Omit "the registered owner of the design", substitute "the person
6
bringing the infringement proceedings".
7
9 Subsection 72(2)
8
Omit "the person knew", substitute "the first person knew".
9
10 Subsection 73(1)
10
After "registered owner of a registered design", insert ", or an exclusive
11
licensee,".
12
11 After subsection 73(2)
13
Insert:
14
(2A) If an exclusive licensee brings infringement proceedings, the
15
licensee must make the registered owner of the registered design a
16
defendant in the proceedings, unless the registered owner is joined
17
as a plaintiff.
18
(2B) If the registered owner of the registered design is made a defendant
19
in the proceedings, the registered owner is not liable for costs if the
20
registered owner does not take part in the proceedings.
21
12 Subsection 73(3)
22
Omit "However, infringement", substitute "Infringement".
23
13 Application and transitional provisions
24
(1)
The amendments of section 71 of the
Designs Act 2003
made by this
25
Schedule apply in relation to working out whether a registered design is
26
infringed on or after the commencement of this item in relation to
27
conduct engaged in on or after that commencement.
28
Right of exclusive licensee to bring infringement proceedings
Schedule 5
No. , 2020
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
19
(2)
The amendments of section 72 of the
Designs Act 2003
made by this
1
Schedule apply in relation to infringement proceedings brought on or
2
after the commencement of this item.
3
(3)
The amendments of section 73 of the
Designs Act 2003
made by this
4
Schedule apply in relation to infringement proceedings brought by an
5
exclusive licensee on or after the commencement of this item in relation
6
to conduct engaged in on or after that commencement.
7
(4)
If, on or after the commencement of this item, an exclusive licensee
8
brings infringement proceedings in relation to conduct engaged in
9
before and on or after that commencement, a court may grant relief
10
under section 75 of the
Designs Act 2003
only in relation to the conduct
11
that was engaged in on or after that commencement.
12
Schedule 6
Formal requirements
20
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
No. , 2020
Schedule 6--Formal requirements
1
2
Designs Act 2003
3
1 After paragraph 39(2)(a)
4
Insert:
5
(aa) the design application complies with the formal requirements
6
determined in an instrument under section 149A; and
7
2 After paragraph 40(2)(c)
8
Insert:
9
(ca) that the design application complies with the formal
10
requirements determined in an instrument under
11
section 149A;
12
3 Subsection 144B(2)
13
Repeal the subsection.
14
4 At the end of Part 6 of Chapter 11
15
Add:
16
149A Instrument determining formal requirements for design
17
applications etc.
18
(1) The Registrar may, by written instrument, determine formal
19
requirements for the purposes of the following:
20
(a) paragraphs 39(2)(aa) and 40(2)(ca);
21
(b) a provision of the regulations, if that provision refers to this
22
section.
23
(2) The Registrar must publish a notice, in accordance with the
24
regulations, setting out the determination.
25
(3) A determination under subsection (1) is not a legislative
26
instrument.
27
Formal requirements
Schedule 6
No. , 2020
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
21
5 Application provision
1
The amendments of sections 39 and 40 of the
Designs Act 2003
made
2
by this Schedule apply in relation to design applications filed under
3
section 21 of that Act on or after the commencement of this item.
4
Schedule 7
Other amendments
Part 1
Standard of the informed user
22
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
No. , 2020
Schedule 7--Other amendments
1
Part 1--Standard of the informed user
2
Designs Act 2003
3
1 Subsection 19(4)
4
After "standard of a person", insert "(the
familiar person
)".
5
2 Subsection 19(4)
6
Omit "(the
standard of the informed user
)", substitute "(whether or not
7
the familiar person is a user of the product to which the design relates or
8
of products similar to the product to which the design relates)".
9
3 Subsection 72(4)
10
Omit "of the informed user", substitute "of a person who is familiar
11
with the complex product, or products similar to the complex product
12
(whether or not the person is a user of the complex product or of
13
products similar to the complex product)".
14
4 Subsection 72(5) (definition of
standard of the informed
15
user
)
16
Repeal the definition.
17
5 Application provisions
18
(1)
The amendments of section 19 of the
Designs Act 2003
made by this
19
Part apply in relation to design applications filed under section 21 of
20
that Act on or after the commencement of this item.
21
(2)
The amendments of section 72 of the
Designs Act 2003
made by this
22
Part apply in relation to a design that becomes a registered design on or
23
after the commencement of this item, where the design application was
24
filed under section 21 of that Act on or after that commencement.
25
Other amendments
Schedule 7
Revocation of registration of design
Part 2
No. , 2020
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
23
Part 2--Revocation of registration of design
1
Designs Act 2003
2
6 Paragraph 93(3)(d)
3
After "design", insert ", or the certificate of examination,".
4
7 After subsection 93(3)
5
Insert:
6
(3A) A court must not make an order under this section on the ground
7
covered by paragraph (3)(b) or (c) unless the court is satisfied that,
8
in all the circumstances, it is just and equitable to do so.
9
8 Application provision
10
The amendments made by this Part apply in relation to applications
11
made under subsection 93(1) of the
Designs Act 2003
on or after the
12
commencement of this item.
13
Schedule 7
Other amendments
Part 3
Renewal of registration of design
24
Designs Amendment (Advisory Council on Intellectual Property
Response) Bill 2020
No. , 2020
Part 3--Renewal of registration of design
1
Designs Act 2003
2
9 At the end of section 47
3
Add:
4
(4) To avoid doubt, if:
5
(a) the registered owner of a registered design applies for
6
renewal of the registration of the design; and
7
(b) the application is made within the period prescribed for the
8
purposes of subsection (2) and the application is in the form
9
prescribed for the purposes of subsection (3); and
10
(c) the Registrar renews the registration of the design; and
11
(d) the renewal occurs after the end of the period mentioned in
12
paragraph 46(1)(a);
13
then the registration of the design does not cease during the period
14
beginning on the day after the end of the period mentioned in
15
paragraph 46(1)(a) and ending on the day the renewal occurs.
16
10 Application provision
17
The amendment made by this Part applies in relation to a registered
18
design, where the period mentioned in paragraph 46(1)(a) of the
19
Designs Act 2003
ends on or after the commencement of this item
20
(whether the application for renewal of the registration of the design is
21
made before, on or after that commencement).
22