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DESIGNS ACT 2003 - SECT 67

Certificate of examination where registration valid

  (1)   This section applies in relation to a registered design if:

  (a)   the Registrar has examined the design and is satisfied that a ground for revocation of the registration of the design has not been made out, or that any such ground would be removed if the Register were amended as proposed in a request made under section   66; and

  (b)   the registration of the design has not ceased under subsection   48(1).

  (2)   The Registrar must notify the relevant parties:

  (a)   that the design has been examined; and

  (b)   if the Registrar is satisfied that a ground of revocation could be removed if the Register were amended as proposed in a request made under section   66--of the details of the proposed amendments; and

  (c)   that a certificate of examination is to be issued.

  (3)   If the Registrar remains satisfied as mentioned in paragraph   (1)(a) after giving the relevant parties a reasonable opportunity to be heard, the Registrar must:

  (a)   issue a certificate of examination, in the form prescribed by the regulations, to the registered owner of the design; and

  (b)   record on the Register the issue of that certificate and, if applicable, such amendments proposed in a request made under section   66 that the Registrar is satisfied would remove a ground of revocation; and

  (c)   publish a notice, in the form prescribed by the regulations, stating:

  (i)   that an examination of the design has been completed; and

  (ii)   that infringement proceedings under Chapter   6 may be commenced.

  (4)   An appeal lies to the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) against a decision of the Registrar under this section.


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