Commonwealth Consolidated Acts

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DESIGNS ACT 2003 - SECT 160

Effect of a converted application

  (1)   A converted application is taken to be an application made under this Act, subject to the modifications set out in this section.

  (2)   The filing date of a converted application is taken under section   26 of this Act to be the filing date of the transitional application.

  (3)   The priority date of a design disclosed in a converted application is taken under section   27 of this Act to be the same priority date as it had under the transitional application.

  (4)   A converted application is taken to meet the minimum filing requirements mentioned in subsection   21(2) of this Act.

  (5)   A converted application is taken to include a request under section   35 of this Act for registration of each of the designs disclosed in the converted application.

  (6)   The term of registration of a design disclosed in a converted application is taken under section   46 of this Act to start from the date of the conversion request under subsection   159(1).

  (7)   An amendment requested under section   22B of the old Act in relation to a transitional application to which a converted application relates is taken to be an amendment requested under section   28 of this Act.

  (8)   If:

  (a)   a converted application is amended under section   28 of this Act to exclude one or more of the designs disclosed in the converted application; and

  (b)   the applicant files a design application under section   23 of this Act in respect of one or more of the excluded designs;

the term of registration of the excluded designs starts from the date of the conversion request under subsection   159(1).



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