Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 60

  (1)   After a design is registered, the Registrar must make the following documents available for public inspection:

  (a)   the design application in which the design was disclosed;

  (b)   any representations that were included in the design application;

  (c)   any statement of newness and distinctiveness in respect of the design that was included in the application;

  (d)   any document filed in relation to the design (whether before or after its registration);

  (e)   any document sent by the Registrar to the applicant or the registered owner in connection with the design (whether before or after its registration);

  (f)   any other document relating to the design application that is in, or comes into, the possession of the Designs Office;

  (g)   any other document prescribed by the regulations.

  (2)   Despite subsection   (1), the following documents are not to be made available for public inspection:

  (a)   a document that would be privileged from production in legal proceedings on the ground of legal professional privilege;

  (b)   a document that is subject to an order of a court or tribunal that prohibits disclosure of the document or information in the document;

  (c)   a document required to be produced under paragraph   127(1)(c), if the Registrar is satisfied that the document, or information in the document, should not be open for public inspection;

  (d)   a document that contains information obtained from a document to which any of paragraph   (a), (b) or (c) applies.

  (3)   If a document mentioned in subsection   (1) has been amended, the document before and after amendment is to be made available for public inspection.

  (4)   However, if:

  (a)   more than one design was disclosed in the design application; and

  (b)   any of the following apply:

  (i)   the application was amended to exclude one or more of the designs;

  (ii)   one or more of the designs was withdrawn from the application;

  (iii)   one or more of the designs have not been registered;

the designs that were excluded or withdrawn, or that have not been registered, and any documents, or parts of documents, mentioned under paragraphs 60(1)(b) to (g) relating exclusively to those designs, are not to be made available for public inspection under subsection   (1).