Commonwealth Numbered Regulations
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DESIGNS REGULATIONS 2004 2004 NO. 117
TABLE OF PROVISIONS
CHAPTER 1 Introductory
1.01. Name of Regulations
1.02. Commencement
1.03. Designs Regulations 1982 repeal
1.04. Interpretation
1.05. Convention countries
CHAPTER 2 Design rights, ownership and registrable designs
2.01. Certain things to be disregarded in deciding whether a design is new and distinctive
CHAPTER 3 Design applications
PART 3.2--APPLICATIONS
3.01. Minimum filing requirements
3.02. Applications covering excluded designs
3.03. Notice minimum filing requirements
3.04. Publication of receipt of application
3.05. Filing date
3.06. Priority date designs disclosed in basic applications
3.07. Certain basic applications to be disregarded
3.08. Priority date excluded designs
PART 3.3--AMENDMENT OR WITHDRAWAL OF APPLICATIONS
3.09. Request for amendment of application
3.10. Disputes between applicants requests for determinations
3.11. Requests for direction specifying persons as applicants or entitled persons
3.12. Publication of certain details of amended applications
3.13. Withdrawal of designs and design applications
PART 3.4--LAPSING OF APPLICATIONS
3.14. Period within which application lapses
3.15. Form of notice
CHAPTER 4 Registration or publication of designs
PART 4.2--REQUESTS FOR REGISTRATION OR PUBLICATION
4.01. Requests for registration or publication
4.02. Subsequent requests for registration applications in respect of more than 1 design
4.03. Period within which replacements of request may be made
PART 4.3--REGISTRATION
4.04. Formalities check applications in respect of 1 design only
4.05. Formalities check applications in respect of more than 1 design
4.06. Registrar must refuse to register certain designs
4.07. Period within which Registrar must register certain designs after refusal
4.08. Certificate of registration and notice of registration
4.09. Renewal of registration
4.10. Surrender of registration
4.11. Revocation of registration on surrender
4.12. Revocation of registration on grounds relating to entitled persons
4.13. Notice of revocation of registration
4.14. Applications by entitled persons after revocation following surrender of registration
PART 4.4--PUBLICATION
4.15. Publication of a design
CHAPTER 5 Examination of designs
5.01. Requirements for request for examination of design
5.02. Grounds for revocation of registration of design
5.03. Examination of design procedures
5.04. Period in which examination of a design must be completed
5.05. Amendment of registration
5.06. Certificate of examination and notice of examination
5.07. Revocation of registration after examination
5.08. Material provided to Registrar
CHAPTER 7 Jurisdiction and powers of courts
7.01. Application to court for compulsory licence
7.02. Revocation of registration after grant of compulsory licence
CHAPTER 8 The Crown
8.01. Acquisition of design by the Commonwealth
8.02. Period within which designs must be registered or published after prohibition
CHAPTER 9 The Register
9.01. Other particulars to be entered in the Register
9.02. Inspection of Register
9.03. Amendments of Register to record changes of ownership
9.04. Notice specifying amendments to Register
9.05. Correction of Register
CHAPTER 10 Administration
10.01. Delegation by Registrar
10.02. Costs (Act s 127)
CHAPTER 11 Miscellaneous
PART 11.2--FEES
11.01. Fees payable
11.02. Failure to pay fee for filing a design application
11.03. Failure to pay fee for filing a request for registration covering a further design
11.04. Failure to pay fee payable by the registered owner for filing a request for examination
11.05. Failure to pay fee payable by the registered owner in relation to a request for examination filed by another person
11.06. Failure to pay certain other fees for filing
11.07. Failure to pay fee for requesting a hearing
11.08. Failure to pay fee for appearing at a hearing
11.09. Failure to pay fees for requesting supply of documents by the Registrar
11.10. Consequences if Registrar does not invite payment
11.11. Exemption from fees (Act s 149)
11.12. Recovery of fees
PART 11.5--EXTENSIONS OF TIME
11.13. Extensions of time for doing a relevant act
11.14. Consequence of extension notice of restoration
PART 11.6--OTHER
11.15. Agents (Act s 141)
11.16. Right of lien of registered patent attorneys (Act s 142)
11.17. Filing of documents
11.18. Documents to be in English
11.19. Service of documents
11.20. Address for correspondence
11.21. Death of applicant or registered owner (Act s 146, s 147)
11.22. Exercise of discretionary powers by Registrar (Act s 148)
11.23. Hearings
11.24. Practice and procedure in relation to applications, oppositions and other matters
11.25. Evidence
11.26. Declarations
11.27. Non compliance in relation to documents other than design applications
11.28. Directions for actions not otherwise prescribed
11.29. Acting for persons unable to act
11.30. Requirements that cannot be complied with for reasonable causes
11.31. Review of decisions
CHAPTER 12 Repeal, transitional and saving provisions
12.01. Conversion of transitional applications
12.02. Former Designs Regulations transitional
SCHEDULE 1 Convention countries
SCHEDULE 2 Formal requirements
SCHEDULE 3 Costs
SCHEDULE 4 Fees
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