Commonwealth Numbered Regulations - Explanatory Statements

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DESIGNS REGULATIONS (AMENDMENT) 1992 NO. 445

STATUTORY RULES 1992 No. 445

Issued by the Authority of the Minister of State for Science and Technology

Designs Act 1906

Designs Regulations (Amendment)

The Statutory Rules amend the Designs Regulations (the Regulations) to make provisions for the purposes of subsection 18(3) of the Designs Act for persons to seek protection or compensation by way of a licence to do an act that would otherwise infringe a registered design to which subsection 18(3) relates, and to make a number of minor consequential amendments. Details of the amendments are as follows:

Regulation 1 identifies the Designs Regulations as those to be amended.

Regulation 2 removes the time limit for applying for a licence under subregulation 29(3).

Regulation 3 introduces a new regulation (regulation 29AA) that provides that any person to whom subsection 18(3) of the Act applies, may apply for a licence to do an act that would otherwise infringe a registered design to which subsection 18(3) relates.

Regulation 4 amends existing regulation 29A to enable a person to oppose an application for a licence made under new regulation 29AA.

Regulations 8 and 9 make a number of minor drafting changes as a consequence of the inclusion of new regulation 29AA.

The Statutory Rules have no regulations 5, 6 or 7 due to administrative oversight.