Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this regulation:
"basic application" , in respect of a design, means an application for protection of the design, being an application that is made in a Convention country in accordance with these Regulations.
(2) For the purposes of paragraph 27(1)(b) of the Act, if the design application is filed within 6 months after the date on which the basic application was made, the prescribed date is the day when the basic application was made.
(3) If a copy of the basic application is not filed within 2 months after the Registrar has made a request (if any) for a copy, subregulation (2) is taken not to apply to the design.
Note: Under regulation 11.18, a document that is not in English must be accompanied by a verified translation.
(4) For paragraph 27(1)(b) of the Act, if subregulation (2) does not apply to the design, the prescribed date is the filing date of the design application.
(5) If 2 or more basic applications have been made in 1 or more Convention countries, a reference to the basic application in subregulation (2) is taken to be a reference to the earlier or earliest of those applications.
Note: Certain applications are to be disregarded for the purpose of this regulation--see regulation 3.07.
(6) For subregulation (1), an application for protection in respect of a design is made in a Convention country:
(a) if:
(i) an application for protection in respect of the design has been made under the Hague Agreement Concerning the International Deposit of Industrial Designs, done at The Hague on 6 November 1925; and
(ii) the application sought protection in the Convention country; or
(b) if:
(i) an application for protection in respect of the design has been made under the Benelux Designs Convention, done at Brussels on 25 October 1966 (the Benelux Convention ) ; and
(ii) the Convention country is a State (however described) that has consented to be bound by the Benelux Convention and for which the Benelux Convention is in force; or
(c) if:
(i) an application for protection in respect of the design has been made under the terms of the Treaty Establishing the European Community, done at Rome on 25 March 1957; and
(ii) the Convention country is a State (however described) that has consented to be bound by the Treaty and for which the Treaty is in force.
Note: For the priority date of a converted application, see section 160 of the Act.