Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 18

  (1)   This section applies if:

  (a)   copyright under the Copyright Act 1968 subsists in an artistic work; and

  (b)   an application is made by, or with the consent of, the owner of that copyright for registration of a corresponding design.

  (2)   The design is not to be treated, for the purposes of this Act, as being other than new and distinctive, or as having been published, by reason only of any use previously made of the artistic work, unless:

  (a)   the previous use consisted of, or included, the sale, letting for hire or exposing for sale or hire of products to which the design had been applied industrially, other than products specified in regulations for the purposes of paragraph   43(1)(a); and

  (b)   the previous use was by, or with the consent of, the owner of the copyright in the artistic work.

Note:   Certain uses of the design are disregarded: see subsection   17(1E).

  (3)   In this section:

"applied industrially" has the meaning given by regulations under section   77 of the Copyright Act 1968 .