Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Section 5
Insert:
"exclusive licensee " has the meaning given by section 5B.
2 After section 5A
Insert:
5B Definition of exclusive licensee
(1) For the purposes of this Act, an exclusive licensee is a licensee under a licence granted by the registered owner of a registered design that confers on the licensee, or on the licensee and persons authorised by the licensee, the exclusive rights in the design mentioned in paragraphs 10(1)(a) to (e) to the exclusion of the registered owner and all other persons.
(2) Subsection (1) applies whether or not the licence also confers on the licensee the exclusive right in the design mentioned in paragraph 10(1)(f) to the exclusion of the registered owner and all other persons.
3 Section 70
After "Part 2 also provides that the registered owner of a design", insert "or an exclusive licensee".
4 Subsection 71(1)
After "registered owner of the design", insert "or an exclusive licensee".
5 At the end of paragraph 71(2)(b)
Add "or an exclusive licensee".
6 Paragraph 72(2)(a)
After "a person", insert "(the first person )".
7 Paragraph 72(2)(b)
Omit "the person", substitute "the first person".
8 Subsection 72(2)
Omit "the registered owner of the design", substitute "the person bringing the infringement proceedings".
9 Subsection 72(2)
Omit "the person knew", substitute "the first person knew".
10 Subsection 73(1)
After "registered owner of a registered design", insert ", or an exclusive licensee,".
11 After subsection 73(2)
Insert:
(2A) If an exclusive licensee brings infringement proceedings, the licensee must make the registered owner of the registered design a defendant in the proceedings, unless the registered owner is joined as a plaintiff.
(2B) If the registered owner of the registered design is made a defendant in the proceedings, the registered owner is not liable for costs if the registered owner does not take part in the proceedings.
12 Subsection 73(3)
Omit "However, infringement", substitute "Infringement".
13 Application and transitional provisions
(1) The amendments of section 71 of the Designs Act 2003 made by this Schedule apply in relation to working out whether a registered design is infringed on or after the commencement of this item in relation to conduct engaged in on or after that commencement.
(2) The amendments of section 72 of the Designs Act 2003 made by this Schedule apply in relation to infringement proceedings brought on or after the commencement of this item.
(3) The amendments of section 73 of the Designs Act 2003 made by this Schedule apply in relation to infringement proceedings brought by an exclusive licensee on or after the commencement of this item in relation to conduct engaged in on or after that commencement.
(4) If, on or after the commencement of this item, an exclusive licensee brings infringement proceedings in relation to conduct engaged in before and on or after that commencement, a court may grant relief under section 75 of the Designs Act 2003 only in relation to the conduct that was engaged in on or after that commencement.