Commonwealth Consolidated Regulations

DESIGNS REGULATIONS 2004

- made under the Designs Act 2003

TABLE OF PROVISIONS

            

CHAPTER 1--Introductory
            

   1.01.   Name of Regulations  
   1.04.   Interpretation  
   1.05.   Convention country  
   1.06.   Giving of documents by Registrar  
            

CHAPTER 3--Design applications
            

   PART 3.2----APPLICATIONS

   3.01.   Minimum filing requirements  
   3.02.   Applications covering excluded designs  
   3.04.   Publication of receipt of application  
   3.05.   Filing date  
   3.06.   Priority date--designs disclosed in basic applications  
   3.07.   Certain basic applications to be disregarded  
   3.08.   Priority date--excluded designs  

   PART 3.3----AMENDMENT OR WITHDRAWAL OF APPLICATIONS

   3.09.   Request for amendment of application  
   3.10.   Disputes between applicants--requests for determinations  
   3.11.   Requests for direction specifying persons as applicants or entitled persons  
   3.12.   Publication of certain details of amended applications  
   3.13.   Withdrawal of designs and design applications  

   PART 3.4----LAPSING OF APPLICATIONS

   3.14.   Period within which application lapses  
   3.15.   Notice of lapsing of design application  
            

CHAPTER 4--Registration of designs
            

   PART 4.2----REQUESTS FOR REGISTRATION

   4.01.   Requests for registration  

   PART 4.3----REGISTRATION

   4.04.   Formalities check--applications in respect of 1 design only  
   4.05.   Formalities check--applications in respect of more than 1 design  
   4.06.   Registrar must refuse to register certain designs  
   4.07.   Period within which Registrar must register certain designs after refusal  
   4.08.   Certificate of registration and notice of registration  
   4.09.   Renewal of registration  
   4.10.   Surrender of registration  
   4.11.   Revocation of registration on surrender  
   4.12.   Revocation of registration on grounds relating to entitled persons  
   4.13.   Notice of revocation of registration  
   4.14.   Applications by entitled persons after revocation following surrender of registration  
            

CHAPTER 5--Examination of designs
            

   5.01.   Requirements for request for examination of design  
   5.02.   Grounds for revocation of registration of design  
   5.03.   Examination of design--procedures  
   5.04.   Period in which examination of a design must be completed  
   5.05.   Amendment of registration  
   5.06.   Certificate of examination and notice of examination  
   5.07.   Revocation of registration after examination  
   5.08.   Material provided to Registrar  
            

CHAPTER 7--Jurisdiction and powers of courts
            

   7.01.   Application to court for compulsory licence  
   7.02.   Revocation of registration after grant of compulsory licence  
            

CHAPTER 8--The Crown
            

   8.01.   Acquisition of design by the Commonwealth  
   8.02.   Period within which designs must be registered after prohibition order revoked  
            

CHAPTER 9--The Register
            

   9.01.   Other particulars to be entered in the Register  
   9.02.   Inspection of Register  
   9.03.   Amendments of Register to record changes of ownership  
   9.04.   Notice specifying amendments to Register  
   9.05.   Correction of Register  
            

CHAPTER 10--Administration
            

   10.01.  Delegation by Registrar  
   10.02.  Costs (Act s 127)  
            

CHAPTER 11--Miscellaneous
            

   PART 11.2----FEES

   11.01.  Fees payable  
   11.02.  Failure to pay--fee for filing a design application  
   11.03.  Failure to pay--fee for filing a request to amend a design application to identify further designs  
   11.04.  Failure to pay--fee payable by the registered owner for filing a request for examination  
   11.05.  Failure to pay--fee payable by the registered owner in relation to a request for examination filed by another person  
   11.06.  Failure to pay--certain other fees for filing  
   11.07.  Failure to pay--fee for requesting a hearing  
   11.08.  Failure to pay--fee for appearing at a hearing  
   11.09.  Failure to pay--fees for requesting supply of documents by the Registrar  
   11.09A. Failure to pay--fees for requesting expedited dispatch  
   11.10.  Consequences if Registrar does not invite payment  
   11.11.  Exemption from fees (Act s 149)  
   11.12.  Recovery of fees  

   PART 11.5----EXTENSIONS OF TIME

   11.13.  Extensions of time for doing a relevant act  
   11.14.  Consequence of extension--notice of restoration  

   PART 11.6----OTHER

   11.15.  Agents (Act s 141)  
   11.16.  Right of lien of registered patent attorneys (Act s 142)  
   11.18.  Documents to be in English  
   11.18A. Publication of notices in the Official Journal  
   11.19.  Service of documents  
   11.21.  Death of applicant or registered owner (Act s 146, s 147)  
   11.22.  Exercise of discretionary powers by Registrar  
   11.23.  Written submissions and oral hearings  
   11.24.  Practice and procedure in relation to applications, oppositions and other matters  
   11.25.  Giving of oral evidence  
   11.26.  Declarations  
   11.27.  Non compliance in relation to documents other than design applications  
   11.27A. Consequences for evidence not meeting filing requirements  
   11.28.  Directions for actions not otherwise prescribed  
   11.29.  Acting for persons unable to act  
   11.30.  Requirements that cannot be complied with for reasonable causes  
   11.31.  Review of decisions  
   11.32.  Period for doing certain acts--office not open for business  
   11.33.  Days when office not open for business  
   11.34.  Period for doing certain acts--acts to which section 136A does not apply  
            

CHAPTER 12--Application, saving and transitional provisions
            

   PART 1--GENERAL

   12.01.  Conversion of transitional applications  
   12.02.  Former Designs Regulations--transitional  
   12.03.  Designs excluded from transitional applications that are not converted applications  
   12.04.  Protection and compensation provisions--transitional  

   PART 2--AMENDMENTS--MADE BY PARTICULAR INSTRUMENTS

   12.05.  Amendments made by the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No. 1)  

   PART 3--AMENDMENTS--MADE BY THE INTELLECTUAL PROPERTY LAWS AMENDMENT (PRODUCTIVITY COMMISSION RESPONSE PART 1 AND OTHER MEASURES) REGULATIONS 2018

   12.06.  Amendments made by Part 2 of Schedule 2  
   12.07.  Amendments made by Part 3 of Schedule 2  
   12.08.  Amendments made by Part 9 of Schedule 2  

   PART 4--AMENDMENTS--MADE BY THE DESIGNS AMENDMENT (ADVISORY COUNCIL ON INTELLECTUAL PROPERTY RESPONSE) REGULATIONS 2021

   12.09.  Registration of designs--removal of publication option  
   12.10.  Priority date where application for protection made in a Convention country  
   12.11.  Formal requirements  

   PART 5--AMENDMENTS--MADE BY THE INTELLECTUAL PROPERTY LEGISLATION AMENDMENT (FEE AMOUNTS AND OTHER MEASURES) REGULATIONS 2024

   12.12.  Application of amendments  
           SCHEDULE 3 Costs
           SCHEDULE 4 Fees