Commonwealth Numbered Acts

DESIGNS AMENDMENT (ADVISORY COUNCIL ON INTELLECTUAL PROPERTY RESPONSE) ACT 2021 (NO. 100, 2021) - SCHEDULE 7

Part 1 -- Standard of the informed user

Designs Act 2003

1  Subsection 19(4)

After "standard of a person", insert "(the familiar person )".

2  Subsection 19(4)

Omit "(the standard of the informed user )", substitute "(whether or not the familiar person is a u ser of the product to which the design relates or of products similar to the product to which the design relates)".

3  Subsection 72(4)

Omit "of the informed user", substitute "of a person who is familiar with the complex product, or products similar to the complex product (whether or not the person is a u ser of the complex product or of products similar to the complex product)".

4  Subsection 72(5) (definition of standard of the informed user )

Repeal the definition.

5  Application provisions

(1)       The amendments of section 19 of the Designs Act 2003 made by this Part apply in relation to design applications filed under section 21 of that Act on or after the commencement of this item.

(2)       The amendments of section 72 of the Designs Act 2003 made by this Part apply in relation to a design that becomes a registered design on or after the commencement of this item, where the design application was filed under section 21 of that Act on or after that commencement.

Part 2 -- Revocation of registration of design

Designs Act 2003

6  Paragraph 93(3)(d)

After "design", insert ", or the certificate of examination,".

7  After subsection 93(3)

Insert:

          (3A)  A court must not make an order under this section on the ground covered by paragraph (3)(b) or (c) unless the court is satisfied that, in all the circumstances, it is just and equitable to do so.

8  Application provision

The amendments made by this Part apply in relation to applications made under subsection 93(1) of the Designs Act 2003 on or after the commencement of this item.

Part 3 -- Renewal of registration of design

Designs Act 2003

9  At the end of section 47

Add:

             (4)  To avoid doubt, if:

                     (a)  the registered owner of a registered design applies for renewal of the registration of the design; and

                     (b)  the application is made within the period prescribed for the purposes of subsection (2) and the application is in the form prescribed for the purposes of subsection (3); and

                     (c)  the Registrar renews the registration of the design; and

                     (d)  the renewal occurs after the end of the period mentioned in paragraph 46(1)(a);

then the registration of the design does not cease during the period beginning on the day after the end of the period mentioned in paragraph 46(1)(a) and ending on the day the renewal occurs.

10  Application provision

The amendment made by this Part applies in relation to a registered design, where the period mentioned in paragraph 46(1)(a) of the Designs Act 2003 ends on or after the commencement of this item (whether the application for renewal of the registration of the design is made before, on or after that commencement).