Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 48

  (1)   The registration of a design ceases if an examination of the design has been requested and:

  (a)   within the period prescribed for the purposes of paragraph   65(3)(b), the Registrar is not satisfied as mentioned in paragraph   67(1)(a) or 68(1)(a); or

  (b)   the registered owner of the design has not paid the prescribed fee for the examination by the end of the period prescribed for payment.

  (2)   The registration of a design also ceases at the end of the period mentioned in paragraph   46(1)(a) or (b), as the case requires.

  (3)   If:

  (a)   a registered design was, at the time of registration, a corresponding design in relation to an artistic work in which copyright subsisted under the Copyright Act 1968 ; and

  (b)   the design would not have been registered under this Act apart from section   18; and

  (c)   the copyright in the artistic work under the Copyright Act 1968 expires before the date on which registration of the design would (apart from this subsection) cease to be in force;

the registration of the design ceases at the same time as the expiry of the copyright in the artistic work, and must not be extended after that time.

  (4)   If the registration of a design ceases under subsection   (1), any certificate of examination that was in force in respect of the design at the time the registration ceased is taken to be revoked at that time.