Commonwealth Consolidated Acts

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

DESIGNS ACT 2003 - SECT 151

Application of this Act to certain designs

             (1)  This section applies to the following designs:

                     (a)  a design registered under the old Act immediately before the commencing day;

                     (b)  a design registered after the commencing day as a result of a design application to which the old Act continued to apply because of section 153.

             (2)  The design:

                     (a)  is taken to be registered under this Act:

                              (i)  in the case of a design mentioned in paragraph (1)(a)--on and from the commencing day; and

                             (ii)  in the case of a design mentioned in paragraph (1)(b)--on and from the day on which the design was registered; and

                     (b)  is taken to have been examined by the Registrar under Part 3 of Chapter 5 and a certificate of examination is taken to have been issued under section 67.

             (3)  However, despite subsection (2):

                     (a)  the old Act continues to apply for the purposes of determining the validity of the registration of the design; and

                     (b)  this Act does not apply for the purposes of determining the validity of the registration of the design; and

                     (c)  the design must not be examined under Chapter 5.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback