Commonwealth Consolidated Regulations

DESIGNS REGULATIONS 2004 - REG 12.03

  (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.