Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DESIGNS ACT 2003 - SECT 13

Who is entitled to be registered as the registered owner of a design

  (1)   A person mentioned in any of the following paragraphs is entitled to be entered on the Register as the registered owner of a design that has not yet been registered:

  (a)   the person who created the design (the designer );

  (b)   if the designer created the design in the course of employment, or under a contract, with another person--the other person, unless the designer and the other person have agreed to the contrary;

  (c)   a person who derives title to the design from a person mentioned in paragraph   (a) or (b), or by devolution by will or by operation of law;

  (d)   a person who would, on registration of the design, be entitled to have the exclusive rights in the design assigned to the person;

  (e)   the legal personal representative of a deceased person mentioned in paragraph   (a), (b), (c) or (d).

  (2)   Despite subsection   (1), a person is not entitled to be entered on the Register as the registered owner of a design that has not yet been registered if:

  (a)   the person has assigned all of the person's rights in the design to another person; or

  (b)   the person's rights in the design have devolved on another person by operation of law.

  (3)   To avoid doubt:

  (a)   more than one person may be entitled to be entered on the Register as the registered owner of a design; and

  (b)   unless the contrary intention appears, a reference to the registered owner of a registered design in this Act is a reference to each of the registered owners of the design.

  (4)   No person other than a person mentioned in paragraph   (1)(a), (b), (c), (d) or (e) is entitled to be entered on the Register as the registered owner of a design that has not yet been registered.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback