Commonwealth Consolidated Acts

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DESIGNS ACT 2003 - SECT 132

False representation that a design is registered

  (1)   A person commits an offence if:

  (a)   the person represents that a design is registered; and

  (b)   the person knows, or is reckless as to whether, the representation is false.

Penalty:   60 penalty units.

  (2)   A person commits an offence if the person:

  (a)   represents that the person, or another person, is the registered owner of a registered design; and

  (b)   knows that the design is not registered, or is reckless as to whether the representation is false.

Penalty:   60 penalty units.

  (3)   A person commits an offence if:

  (a)   the person sells a product which embodies a design; and

  (b)   the product has stamped, engraved, impressed upon or otherwise applied to it the words "registered in Australia", "design registered in Australia", or other words, expressing or implying that the design is registered; and

  (c)   the person knows the design is not registered, or is reckless as to whether the design is registered.

Penalty:   60 penalty units.

  (4)   Strict liability applies to paragraph   (3)(b).


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