Commonwealth Consolidated Acts Commonwealth Consolidated Acts"commencing day" means the day on which this section commences.
"old Act" means the Designs Act 1906 .
"transitional application" means an application for registration of a design that:
(a) is made under the old Act before the commencing day; and
(b) is not a lapsed application; and
(c) is not in relation to a design that has been registered or refused registration.
This Chapter sets out matters relating to design rights.
Part 2 specifies the exclusive rights of the registered owners of a registered design.
(a) who is entitled to be registered as the owner of an unregistered design; and
(b) who is the registered owner of a registered design.
(a) in examining a design under Chapter 5, the Registrar must decide whether it is new and distinctive when compared to the prior art base; and
(b) in deciding whether a person has infringed a registered design under Chapter 6, a court must consider whether the allegedly infringing design is substantially similar in overall impression to the registered design.
This Chapter sets out the rules relating to design applications.
Part 2 provides that a person may file a design application in relation to one or more designs.
If the design application meets the minimum filing requirements, the design application is allocated a filing date, and each design disclosed in it obtains a priority date .
Under Chapter 4, a person who has filed a design application may, within the prescribed period, request registration of all or any of the designs disclosed in the application.
Part 3 deals with amendment and withdrawal of design applications.
Part 4 deals with the lapsing of design applications.
Part 2 permits an applicant to request registration of all or any of the designs disclosed in a design application. If the applicant does not request registration of a design within a period prescribed by the regulations, the applicant is taken to have made the request.
The Registrar must register the designs under Part 3 if specified requirements are satisfied.
The Registrar must refuse to register certain designs (see section 43).
Registration of a design is for a maximum of 10 years (see Division 3 of Part 3).
The registration of a design may be revoked on grounds relating to entitled persons (see Division 4 of Part 3).
Registered designs and associated documents are open for public inspection (see Part 5).
Chapter 5 deals with the examination of designs by the Registrar.
Designs may be examined after registration on the request of any person or on the Registrar's initiative.
In examining a design, the Registrar must consider whether there are grounds for revoking the registration of the design.
Chapter 6 is about infringement.
Part 2 provides that a person infringes a registered design if, without the appropriate authority, the person deals in certain ways with a product that embodies the design, or a design that is substantially similar to it.
Part 2 also provides that the registered owner of a design or an exclusive licensee may bring infringement proceedings. The defendant may counter - claim for rectification of the Register.
Various remedies are available, including injunction, damages or an account of profits.
Part 3 deals with unjustified threats of infringement proceedings.
Chapter 7 deals with the jurisdiction of courts.
Under Part 2, the Federal Court and the Federal Circuit and Family Court of Australia (Division 2) are given jurisdiction in relation to matters arising under the Act. Other prescribed courts have jurisdiction if the Act so provides.
Part 3 deals with the capacity of a prescribed court to issue compulsory licences and to revoke the registration of a design in certain circumstances.
Part 4 also deals with the capacity of a prescribed court to revoke the registration of a design in certain other circumstances.
Part 2 permits the use of registered designs by the Commonwealth or a State.
Part 3 permits acquisition of registered designs by the Commonwealth.
Part 4 enables the Registrar to prohibit or restrict the publication of information about a design application, if to do so is necessary or expedient in the interests of the defence of the Commonwealth.
Chapter 9 deals with the Register of Designs.
The Chapter requires the Registrar to keep a Register and enter particular matters in it.
The Register is to be available for public inspection.
The Register can be amended in specified circumstances.
Chapter 10 contains administrative provisions.
The offices of Registrar and Deputy Registrar of Designs are established by this Chapter.
The Designs Office is also established.
Chapter 11 contains miscellaneous matters.
Part 3 contains offence provisions.
Part 3A deals with computerised decision - making.
Part 4 sets out decisions that are reviewable by the Administrative Appeals Tribunal.
Part 4A lets an act be done after the period otherwise provided for doing the act if that period ends on a day when the Designs Office or a sub - office is not open for business.
Part 5 gives the Registrar the power to extend the time within which specified things must be done.
Part 6 sets out regulation - making powers and other provisions dealing
with miscellaneous matters.