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DESIGNS ACT 2003 - SECT 69

Certain material may be provided to Registrar

  (1)   A person may provide to the Registrar material relating to whether a registered design is new or distinctive within the meaning of Division   1 of Part   4 of Chapter   2. The material may be provided even if the person has not made a request under subsection   63(1) that the design be examined.

  (2)   The material is to be provided in accordance with the regulations.

  (2A)   A person must not provide to the Registrar material in the form of a physical article, other than a document, unless the Registrar has given the person an approval to do so.

  (2B)   If a person provides material to the Registrar under subsection   (1), the material may be accompanied by evidence, in the form of a declaration, of the publication of the material.

Note:   The regulations deal with the making of declarations.

  (3)   If a person provides material to the Registrar under subsection   (1), the Registrar must:

  (a)   notify the registered owner of the design that the material has been provided; and

  (b)   provide a copy of the material to the registered owner of the design.

  (4)   Nothing in this section is to be taken to require the Registrar to examine a design under Part   3.

  (5)   The Registrar must make a copy of material provided to the Registrar under subsection   (1) available for public inspection.

 


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