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DESIGNS ACT 2003 - SECT 5

Definitions

                   In this Act, unless the contrary intention appears:

"Agency" has the same meaning as in the Public Service Act 1999 .

"artistic work" has the same meaning as in the Copyright Act 1968 .

"Australia" includes each external Territory.

"authority" , in relation to the Commonwealth, a State or a Territory, means a body established for a public purpose by or under a law of the Commonwealth, State or Territory.

"certificate of examination" means a certificate of examination of a registered design issued under Chapter 5.

"Commonwealth" includes a Commonwealth authority.

"complex product" means a product comprising at least 2 replaceable component parts permitting disassembly and re-assembly of the product.

"continental shelf" means the continental shelf of Australia as defined in the Seas and Submerged Lands Act 1973 .

"Convention country" has the meaning given by section 5A.

"corresponding design" , in relation to an artistic work, has the same meaning as in Division 8 of Part III of the Copyright Act 1968 .

"Deputy Registrar" means a Deputy Registrar appointed under section 123.

"design" , in relation to a product, means the overall appearance of the product resulting from one or more visual features of the product.

Note:          See also section 8.

"design application" means an application filed under section 21.

"Designs Office" means the Designs Office established by section 125.

"employee" means a person, other than the Registrar or a Deputy Registrar, who:

                     (a)  is a person engaged under the Public Service Act 1999 and is employed in the Designs Office; or

                     (b)  is not such a person but performs services, in the Designs Office, for or on behalf of the Commonwealth.

"entitled person" , in relation to a design, means a person entitled under section 13 to be entered in the Register as the registered owner of the design.

"examination" , in relation to a design, means examination of the design under section 65.

"Federal Circuit Court" means the Federal Circuit Court of Australia.

"Federal Court" means the Federal Court of Australia.

"file" means file with the Designs Office.

Note:          Section 144 deals with filing.

"filing date" has the meaning given by section 26.

"head" , in relation to the Designs Office of a Convention country, means the official chief (however described) of that Office.

"infringement proceedings" means an action or proceedings for the infringement of a registered design.

"initial application" has the meaning given by section 23.

"legal personal representative" , in relation to a deceased person, means a person to whom:

                     (a)  probate of the will of the deceased person; or

                     (b)  letters of administration of the estate of the deceased person; or

                     (c)  other like grant;

has been granted, whether in Australia or elsewhere.

"legal practitioner" means a barrister or solicitor of the High Court of Australia or of the Supreme Court of a State or Territory.

"Locarno Agreement" means the Agreement establishing an International Classification for Industrial Design, signed at Locarno on 8 October 1968.

"minimum filing requirements" has the meaning given by section 21.

"PPSA security interest" (short for Personal Property Securities Act security interest) means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act.

Note 1:       The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:

(a)    section 8 (interests to which the Act does not apply);

(b)    section 12 (meaning of security interest );

(c)    Chapter 9 (transitional provisions).

Note 2:       For the meaning of transitional security interest , see section 308 of the Personal Property Securities Act 2009 .

"preferred means" :

                     (a)  in relation to filing a document with the Designs Office--means the means specified under subsection 144A(4); or

                     (b)  in relation to paying a fee--means the means specified under subsection 130A(4).

"prescribed court" means the following:

                     (a)  the Federal Court of Australia;

                    (aa)  the Federal Circuit Court;

                     (b)  the Supreme Court of a State;

                     (c)  the Supreme Court of the Australian Capital Territory;

                     (d)  the Supreme Court of the Northern Territory;

                     (e)  the Supreme Court of Norfolk Island.

"prior art base" has the meaning given by section 15.

"priority date" , in relation to a design, means the priority date of the design under section 27.

"product" has the meaning given by section 6.

"Register" means the Register of Designs mentioned in section 111.

"registered" means registered under this Act.

"registered design" , at a particular time, means a design that is registered at that time.

"registered owner" has the meaning given by section 14.

"registered patent attorney" has the same meaning as in the Patents Act 1990 .

"registered trade marks attorney" has the same meaning as in the Trade Marks Act 1995 .

"registrable design" has the meaning given by section 15.

"Registrar" means the Registrar of Designs holding office under this Act.

"relevant authority" means:

                     (a)  in relation to the use of a design by or for the Commonwealth--the Commonwealth; or

                     (b)  in relation to the use of a design by or for a State--that State; or

                     (c)  in relation to the use of a design by or for a Territory--that Territory.

"relevant Minister" has the meaning given by subsection 96(5).

"relevant parties" , in relation to the examination of a design under Chapter 5, means:

                     (a)  the registered owner of the design; and

                     (b)  the person who requested the examination; and

                     (c)  each person who is entered on the Register as having an interest in the design.

"relevant proceedings" , in relation to a registered design, means court proceedings:

                     (a)  for infringement of the registered design; or

                     (b)  for revocation of the registration of the design; or

                     (c)  in which the validity of the registration of the design is in dispute.

"representation" means a drawing, tracing or specimen of a product embodying a design or a photograph of such a drawing, tracing or specimen.

"services" of a relevant authority has a meaning affected by subsection 95(5).

"State" includes a State authority.

"term of registration" has the meaning given by section 46.

"Territory" includes a Territory authority.

"used for Crown purposes" has the meaning given by subsection 95(2).

"visual feature" has the meaning given by section 7.



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