Commonwealth Consolidated Regulations
[Index]
[Table]
[Search]
[Search this Regulation]
[Notes]
[Noteup]
[Download]
[Help]
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
SCHEDULE 3 Costs
SCHEDULE 4 Fees
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback