Prepared by the Office of Parliamentary Counsel, Canberra
Designs Regulations 2004
Statutory Rules No. 117, 2004
made under the
Designs Act 2003
Compilation No. 13
Compilation date: 20 June 2015
Includes amendments up to: SLI No. 88, 2015
Registered: 22 June 2015
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2 Designs Regulations 2004
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
About this compilation
This compilation
This is a compilation of the Designs Regulations 2004 that shows the text of the
law as amended and in force on 20 June 2015 (the compilation date).
This compilation was prepared on 22 June 2015.
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but
not commenced at, the compilation date are underlined in the endnotes. For
more information on any uncommenced amendments, see the series page on
ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on ComLaw for the
compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
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Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
Contents
Chapter 1—Introductory 1 1.01 Name of Regulations .........................................................1
1.02 Commencement.................................................................1
1.03 Designs Regulations 1982—repeal ....................................1
1.04 Interpretation .....................................................................2
1.05 Convention country ...........................................................3
1.06 Giving of documents by Registrar .....................................3
Chapter 2—Design rights, ownership and registrable
designs 4 2.01 Certain things to be disregarded in deciding
whether a design is new and distinctive ............................4
Chapter 3—Design applications 6
Part 3.2—Applications 6 3.01 Minimum filing requirements............................................6
3.02 Applications covering excluded designs ...........................6
3.03 Notice—minimum filing requirements..............................6
3.04 Publication of receipt of application..................................7
3.05 Filing date..........................................................................8
3.06 Priority date—designs disclosed in basic
applications .......................................................................8
3.07 Certain basic applications to be disregarded......................9
3.08 Priority date—excluded designs......................................10
Part 3.3—Amendment or withdrawal of applications 11 3.09 Request for amendment of application ............................11
3.10 Disputes between applicants—requests for
determinations .................................................................11
3.11 Requests for direction specifying persons as
applicants or entitled persons ..........................................11
3.12 Publication of certain details of amended
applications .....................................................................12
3.13 Withdrawal of designs and design applications...............12
Part 3.4—Lapsing of applications 13 3.14 Period within which application lapses ...........................13
3.15 Form of notice .................................................................13
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Chapter 4—Registration or publication of designs 14
Part 4.2—Requests for registration or publication 14 4.01 Requests for registration or publication...........................14
4.02 Subsequent requests for registration—applications
in respect of more than 1 design......................................14
4.03 Period within which replacements of request may
be made ...........................................................................15
Part 4.3—Registration 16 4.04 Formalities check—applications in respect of 1
design only ......................................................................16
4.05 Formalities check—applications in respect of more
than 1 design ...................................................................17
4.06 Registrar must refuse to register certain designs .............18
4.07 Period within which Registrar must register certain
designs after refusal.........................................................19
4.08 Certificate of registration and notice of registration ........19
4.09 Renewal of registration ...................................................20
4.10 Surrender of registration..................................................21
4.11 Revocation of registration on surrender ..........................21
4.12 Revocation of registration on grounds relating to
entitled persons................................................................22
4.13 Notice of revocation of registration.................................22
4.14 Applications by entitled persons after revocation
following surrender of registration ..................................22
Part 4.4—Publication 23 4.15 Publication of a design ....................................................23
Chapter 5—Examination of designs 24 5.01 Requirements for request for examination of
design ..............................................................................24
5.02 Grounds for revocation of registration of design .............24
5.03 Examination of design—procedures................................24
5.04 Period in which examination of a design must be
completed ........................................................................26
5.05 Amendment of registration..............................................27
5.06 Certificate of examination and notice of
examination .....................................................................28
5.07 Revocation of registration after examination...................28
5.08 Material provided to Registrar.........................................29
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Chapter 7—Jurisdiction and powers of courts 30 7.01 Application to court for compulsory licence ...................30
7.02 Revocation of registration after grant of
compulsory licence..........................................................30
Chapter 8—The Crown 31 8.01 Acquisition of design by the Commonwealth..................31
8.02 Period within which designs must be registered or
published after prohibition ..............................................31
Chapter 9—The Register 32 9.01 Other particulars to be entered in the Register.................32
9.02 Inspection of Register......................................................32
9.03 Amendments of Register to record changes of
ownership ........................................................................32
9.04 Notice specifying amendments to Register .....................33
9.05 Correction of Register .....................................................33
Chapter 10—Administration 34 10.01 Delegation by Registrar...................................................34
10.02 Costs (Act s 127) .............................................................34
Chapter 11—Miscellaneous 36
Part 11.2—Fees 36 11.01 Fees payable ....................................................................36
11.01A Approved means..............................................................37
11.02 Failure to pay—fee for filing a design application ..........37
11.03 Failure to pay—fee for filing a request for
registration covering a further design ..............................38
11.04 Failure to pay—fee payable by the registered
owner for filing a request for examination ......................38
11.05 Failure to pay—fee payable by the registered
owner in relation to a request for examination filed
by another person ............................................................39
11.06 Failure to pay—certain other fees for filing ....................39
11.07 Failure to pay—fee for requesting a hearing ...................39
11.08 Failure to pay—fee for appearing at a hearing ................40
11.09 Failure to pay—fees for requesting supply of
documents by the Registrar .............................................40
11.10 Consequences if Registrar does not invite payment ........40
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11.11 Exemption from fees (Act s 149) ....................................41
11.12 Recovery of fees..............................................................41
Part 11.5—Extensions of time 42 11.13 Extensions of time for doing a relevant act .....................42
11.14 Consequence of extension—notice of restoration ...........43
Part 11.6—Other 44 11.15 Agents (Act s 141)...........................................................44
11.16 Right of lien of registered patent attorneys (Act s
142) .................................................................................44
11.18 Documents to be in English.............................................44
11.19 Service of documents ......................................................45
11.20 Address for correspondence ............................................45
11.21 Death of applicant or registered owner (Act s 146,
s 147)...............................................................................46
11.22 Exercise of discretionary powers by Registrar ................46
11.23 Written submissions and oral hearings ............................47
11.24 Practice and procedure in relation to applications,
oppositions and other matters ..........................................48
11.25 Evidence..........................................................................48
11.26 Declarations.....................................................................48
11.27 Non compliance in relation to documents other
than design applications ..................................................49
11.28 Directions for actions not otherwise prescribed...............50
11.29 Acting for persons unable to act ......................................50
11.30 Requirements that cannot be complied with for
reasonable causes ............................................................50
11.31 Review of decisions.........................................................51
11.32 Period for doing certain acts—office not open for
business ...........................................................................51
11.33 Days when office not open for business ..........................52
11.34 Period for doing certain acts—acts to which
section 136A does not apply............................................53
Chapter 12—Repeal, transitional and saving
provisions 54
Part 1—General 54 12.01 Conversion of transitional applications ...........................54
12.02 Former Designs Regulations—transitional......................54
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12.03 Designs excluded from transitional applications
that are not converted applications ..................................54
12.04 Protection and compensation provisions—
transitional.......................................................................56
Part 2—Amendments made by particular instruments 57 12.05 Amendments made by the Intellectual Property
Legislation Amendment (Raising the Bar)
Regulation 2013 (No. 1) ..................................................57
Schedule 2—Formal requirements 58
Schedule 3—Costs 62
Part 1—Costs 62
Part 2—Expenses and allowances 63
Schedule 4—Fees 64
Endnotes 67
Endnote 1—About the endnotes 67
Endnote 2—Abbreviation key 68
Endnote 3—Legislation history 69
Endnote 4—Amendment history 71
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Introductory Chapter 1
Designs Regulations 2004 1
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Chapter 1—Introductory
1.01 Name of Regulations
These Regulations are the Designs Regulations 2004.
1.02 Commencement
These Regulations commence on the commencement of sections 3
to 161 of the Designs Act 2003.
1.03 Designs Regulations 1982—repeal
The following Statutory Rules are repealed:
1982 No. 72
1984 No. 256
1986 No. 263
1988 No. 103
1989 Nos. 95 and 313
1990 Nos. 29, 239 and 240
1991 Nos. 65 and 455
1992 Nos. 149, 445 and 452
1993 Nos. 114 and 342
1994 Nos. 180 and 315
1995 Nos. 19 and 426
1996 No. 270
1997 No. 344
1998 Nos. 259, 344 and 347
1999 No. 348
2001 No. 97
2002 No. 316
2004 No. 22.
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1.04 Interpretation
(1) In these Regulations:
Act means the Designs Act 2003.
approved form, for a provision in which the expression appears,
means a form approved by the Registrar for that provision.
approved means, for doing an action, means the means specified
for the action by the Registrar in a notice made under
regulation 11.01A and published by the Registrar.
basic application has the meaning given by subregulation 3.06 (1).
designer has the same meaning as in paragraph 13 (1)(a) of the
Act.
excluded design has the same meaning as in section 23 of the Act.
further design means a design that is disclosed in a design
application, but that has not been identified, by the applicant, as
being a separate design disclosed in the application.
initial application has the same meaning as in section 23 of the
Act.
Official Journal means the Official Journal of Designs
periodically published by the Registrar.
old Act means the Designs Act 1906.
old Regulations means the Designs Regulations 1982.
transitional application has the meaning given by
subregulation 12.03 (6).
(2) For these Regulations, a document is taken to be in the approved
form if it contains all the information that the form requires.
(3) A reference in these Regulations to:
(a) the giving of a notice or other document to the Registrar; or
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(b) the making of a request or an application to the Registrar;
includes a reference to the filing of the notice, document, request
or application.
1.05 Convention country
For the definition of Convention country in subsection 5A(1) of
the Act, the following countries are prescribed:
(a) a foreign country that is a signatory to the Paris Convention
for the Protection of Industrial Property of 20 March 1883, as
in force from time to time;
(b) a foreign country that is a full member of the World Trade
Organization.
Note 1: For signatories to the Paris Convention for the Protection of Industrial
Property, see www.wipo.int.
Note 2: For full members of the World Trade Organization, see www.wto.org.
1.06 Giving of documents by Registrar
(1) For these Regulations, the Registrar may give a document to a
person by:
(a) making the document available to the person in an electronic
form; and
(b) notifying the person that the document is available.
(2) If the Registrar gives a document to a person, the document is
taken to have been given to the person on the day the document is
dated by the Registrar.
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Chapter 2 Design rights, ownership and registrable designs
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Chapter 2—Design rights, ownership and
registrable designs
2.01 Certain things to be disregarded in deciding whether a design is
new and distinctive
(1) For paragraph 17(1)(a) of the Act, a prescribed circumstance is the
publication or use of the design at:
(a) an official or officially recognised international exhibition
within the meaning of:
(i) Article 11 of the Paris Convention for the Protection of
Industrial Property done at Paris on 20 March 1883, as
in force for Australia on the commencement of this
subregulation; or
(ii) Article 1 of the Convention relating to International
Exhibitions done at Paris on 22 November 1928, as in
force for Australia on the commencement of this
subregulation; or
(b) an international exhibition recognised by the Registrar by
notice published in the Official Journal before the exhibition
begins.
(2) The circumstance mentioned in subregulation (1) is a prescribed
circumstance only if, at the time a design application is made in
respect of the design:
(a) a notice, stating that the design has been exhibited, has been
filed; and
(b) a document, issued by the authority responsible for the
exhibition, that:
(i) identifies the design and the exhibition; and
(ii) states the date of opening of the exhibition; and
(iii) if the first publication or use of the design did not take
place on that date—states the date on which the first
publication or use took place;
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has been filed.
(3) For subsection 17(1) of the Act, the prescribed period is 6 months
from the date on which the first publication or use of the design
took place.
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Chapter 3 Design applications
Part 3.2 Applications
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Chapter 3—Design applications
Part 3.2—Applications
3.01 Minimum filing requirements
For subsection 21(2) of the Act, each of the following requirements
is prescribed:
(a) the application must include information that indicates that
what is filed is intended to be a design application;
(b) the application must include information that:
(i) allows the identity of the applicant to be established;
and
(ii) allows the applicant to be contacted;
(c) the application must include a representation, or information
that appears to be a representation, of each design.
3.02 Applications covering excluded designs
For subsection 23(2) of the Act, the prescribed period:
(a) begins immediately after the Registrar has received the
request to amend the initial application under section 28 of
the Act to exclude the excluded design or designs; and
(b) ends immediately before the earlier of:
(i) the lapse or withdrawal of the initial application; and
(ii) the registration, or publication under section 57 of the
Act, of a design disclosed in the initial application.
3.03 Notice—minimum filing requirements
(1) For subsection 24(3) of the Act, a notice under subsection 24(1) or
(2) of the Act must be sent to:
(a) if the applicant has given to the Registrar an address for
service—that address; or
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(b) in any other case—any other contact address given by, or
obtained from, the applicant.
(2) A notice under subsection 24(2) of the Act must:
(a) identify each minimum filing requirement that has not been
met; and
(b) include a direction that the applicant file, within 2 months
from the date of the notice, the additional information
required.
(3) If the minimum filing requirements are not met within the period
mentioned in paragraph (2)(b), the application is taken never to
have been filed.
3.04 Publication of receipt of application
(1) For section 25 of the Act, the details prescribed in relation to each
design application that meets the minimum filing requirements are
the following details for each design disclosed in the application:
(a) the design number;
(b) the name of the applicant or the entitled person;
(c) the filing date of the application;
(d) if applicable:
(i) details about any basic application made in respect of
the design; and
(ii) the design number that was allocated to the excluded
design in the initial application;
(e) if stated in the application—the product or products to which
the design relates.
Note: For a design application in respect of a design excluded from certain
transitional applications, see also regulation 12.03.
(2) The Registrar must publish the details in the Official Journal.
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Part 3.2 Applications
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3.05 Filing date
For section 26 of the Act, the filing date of a design application is
the day when the application meets the minimum filing
requirements.
Note: For the filing date of a converted application, see section 160 of the
Act.
3.06 Priority date—designs disclosed in basic applications
(1) In this regulation:
basic application, in respect of a design, means an application for
protection of the design, being an application that is made in a
Convention country in accordance with these Regulations.
(2) For paragraph 27(1)(b) of the Act, if the design application is filed,
within 6 months after the date on which the basic application was
made, by:
(a) the applicant in the basic application; or
(b) the applicant’s assignee; or
(c) the legal personal representative of the applicant or of the
applicant’s assignee;
the prescribed date is the day when the basic application was made.
(3) If a copy of the basic application is not filed within 2 months after
the Registrar has made a request (if any) for a copy,
subregulation (2) is taken not to apply to the design.
Note: Under regulation 11.18, a document that is not in English must be
accompanied by a verified translation.
(4) For paragraph 27(1)(b) of the Act, if subregulation (2) does not
apply to the design, the prescribed date is the filing date of the
design application.
(5) If 2 or more basic applications have been made in 1 or more
Convention countries, a reference to the basic application in
subregulation (2) is taken to be a reference to the earlier or earliest
of those applications.
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Note: Certain applications are to be disregarded for the purpose of this
regulation—see regulation 3.07.
(6) For subregulation (1), an application for protection in respect of a
design is made in a Convention country:
(a) if:
(i) an application for protection in respect of the design has
been made under the Hague Agreement Concerning the
International Deposit of Industrial Designs, done at The
Hague on 6 November 1925; and
(ii) the application sought protection in the Convention
country; or
(b) if:
(i) an application for protection in respect of the design has
been made under the Benelux Designs Convention,
done at Brussels on 25 October 1966 (the Benelux
Convention); and
(ii) the Convention country is a State (however described)
that has consented to be bound by the Benelux
Convention and for which the Benelux Convention is in
force; or
(c) if:
(i) an application for protection in respect of the design has
been made under the terms of the Treaty Establishing
the European Community, done at Rome on 25 March
1957; and
(ii) the Convention country is a State (however described)
that has consented to be bound by the Treaty and for
which the Treaty is in force.
Note: For the priority date of a converted application, see section 160 of the
Act.
3.07 Certain basic applications to be disregarded
(1) This regulation applies if:
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Part 3.2 Applications
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(a) an application for protection in respect of a design has been
made in a Convention country in accordance with these
Regulations; and
(b) the application has been withdrawn, abandoned or refused
without becoming open to public inspection; and
(c) the application has not been used as the basis for claiming a
right of priority in a Convention country under the law of that
country corresponding to regulation 3.06; and
(d) a later application for protection in respect of the design has
been made by the same applicant in the Convention country
in which the earlier application was made.
(2) The applicant may request the Registrar to disregard the earlier
application for the purpose of identifying the basic application
referred to in subregulation 3.06(2).
(3) If the applicant makes a request under subregulation (2):
(a) the Registrar must disregard the earlier application for that
purpose; and
(b) neither the applicant nor any other person is capable of
making use of the earlier application for that purpose.
3.08 Priority date—excluded designs
For paragraph 27(1)(c) of the Act, the priority date of a design that
is an excluded design is the same priority date as it had under the
initial application.
Note: This regulation also applies to a design excluded from certain
transitional applications, see regulation 12.03.
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Design applications Chapter 3
Amendment or withdrawal of applications Part 3.3
Designs Regulations 2004 11
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Part 3.3—Amendment or withdrawal of
applications
3.09 Request for amendment of application
(1) For subsection 28(2) of the Act, the request must:
(a) be in writing; and
(b) be clear that an amendment of a design application is being
requested; and
(c) set out the nature and extent of the proposed amendments;
and
(d) be accompanied by:
(i) a substitute document or representation incorporating
the proposed amendments; or
(ii) a statement setting out the proposed amendments and
the place at which each amendment is proposed to be
made.
(2) If the request is not accompanied by a substitute document or
representation incorporating the proposed amendments, the
applicant must, if directed by the Registrar, file a substitute
document or representation within the time allowed by the
Registrar.
3.10 Disputes between applicants—requests for determinations
For subsection 29(2) of the Act, a request must:
(a) be made in the approved form; and
(b) include a statement of the grounds on which the request is
made.
3.11 Requests for direction specifying persons as applicants or
entitled persons
For subsection 30(4) of the Act, a request must:
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(a) be made in the approved form; and
(b) include a statement of the grounds on which the request is
made.
3.12 Publication of certain details of amended applications
(1) This regulation applies in relation to a design application if, as a
result of the design application having been amended under Part 3
of Chapter 3 of the Act, any of the details published under
section 25 of the Act in relation to the application has changed.
(2) For section 31 of the Act, the details prescribed are the following
details for each design in relation to which the published details
has changed:
(a) the design number;
(b) for each detail that has changed—the detail as amended.
3.13 Withdrawal of designs and design applications
(1) For subsection 32(1) of the Act, the prescribed period:
(a) begins immediately after the design application is filed; and
(b) ends immediately before a design disclosed in the design
application is registered or published.
(2) For subsection 32(2) of the Act, the prescribed period:
(a) begins immediately after the design application is filed; and
(b) ends immediately before the design to be withdrawn is
registered or published.
(3) If a design is withdrawn, including a design disclosed in a design
application that is withdrawn, the Registrar must publish the design
number in the Official Journal.
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Part 3.4—Lapsing of applications
3.14 Period within which application lapses
(1) For paragraph 33(1)(a) of the Act, the prescribed period is:
(a) if the design is an excluded design—the period:
(i) starting on the day when the request to exclude the
design is filed; and
(ii) ending on the day when the application is filed; or
(b) if the design is a design mentioned in section 55 of the Act,
and the period of 6 months from the priority date of the
design has expired when an application is filed as mentioned
in that section—the day when the application is filed; or
(c) in any other case—6 months from the priority date of the
design.
Note: Paragraph 3.14(1)(a) also applies to a design excluded from certain
transitional applications, see regulation 12.03.
(2) For paragraph 33(1)(b) of the Act, the prescribed period is 2
months from the later of:
(a) the date of the first notice given by the Registrar under
section 41 of the Act in relation to the design or designs in
respect of which registration is requested; and
(b) the date of the first notice given by the Registrar under
section 57 of the Act in relation to the design or designs in
respect of which publication is requested.
3.15 Form of notice
For subsection 33(4) of the Act, the notice must:
(a) be in the form of a notice published in the Official Journal;
and
(b) include the design number for each design disclosed in the
application that has not been registered or published.
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Chapter 4 Registration or publication of designs
Part 4.2 Requests for registration or publication
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Chapter 4—Registration or publication of
designs
Part 4.2—Requests for registration or publication
4.01 Requests for registration or publication
(1) This regulation does not apply to a request mentioned in section 37
or subsection 38(2) of the Act or in subregulation 12.03(2).
(2) For paragraph 35(2)(b) of the Act, the prescribed period is:
(a) 6 months from the priority date of the design; or
(b) if the design is a design mentioned in section 55 of the Act,
and the period of 6 months has expired when an application
is filed as mentioned in that section—the day when the
application is filed.
(3) For subsection 35(3) of the Act, the request must be made in the
approved form.
4.02 Subsequent requests for registration—applications in respect of
more than 1 design
(1) For paragraph 36(2)(a) of the Act, the Registrar may determine that
the applicant may make a request (a subsequent request) for
registration of a design (an other design) in respect of which no
request for registration was made in the original request only if:
(a) the applicant can satisfy the Registrar that it was only
because of an error or omission by the applicant or the
applicant’s agent that a request was not made for registration
of the other design; and
(b) the subsequent request is made before any design disclosed
in the design application is registered or published.
(2) In this regulation:
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original request means the first request made under section 35 of
the Act in relation to the design application in which the other
design is disclosed.
4.03 Period within which replacements of request may be made
For subsection 38(2) of the Act, the prescribed period:
(a) begins immediately after the request for registration of the
design is made; and
(b) ends immediately before the design is registered.
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Chapter 4 Registration or publication of designs
Part 4.3 Registration
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Part 4.3—Registration
4.04 Formalities check—applications in respect of 1 design only
(1) For paragraph 39(2)(a) of the Act, the formalities check is
confirmation, by the Registrar, that:
(a) the design application is in the approved form; and
(b) the design application meets the requirements of
regulation 11.18; and
(c) the design application identifies the product or products in
relation to which the design is sought to be registered
sufficiently to enable each product to be classified in
accordance with the Locarno Agreement; and
(d) for a design application mentioned in subsection 23(2) of the
Act—the design application identifies the design number that
was allocated to the excluded design in the initial application;
and
(e) if a specimen is filed as a representation of the design—the
specimen is of a kind that:
(i) can be readily mounted in a flat position by affixing it to
a paper of the size required under paragraph 1(1)(e) of
Schedule 2; and
(ii) can be stored without damage to other documents; and
(iii) when mounted, is presented in a way that allows any
number of copies of the specimen to be reproduced
directly by photocopying, digital scanning,
microfilming and photography; and
(f) the design application includes 5 copies of each
representation of the design; and
(g) the design application complies substantially with the formal
requirements set out in Schedule 2.
Note: For a design application in respect of a design excluded from certain
transitional applications, see also regulation 12.03.
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(2) If the Registrar is not satisfied with the matter mentioned in
paragraph (1)(e), the Registrar may, in giving a notice under
section 41 of the Act, require the applicant to file another
representation that complies with the paragraph.
4.05 Formalities check—applications in respect of more than 1
design
(1) For paragraph 40(2)(c) of the Act, the formalities check is
confirmation, by the Registrar, that:
(a) the design application is in the approved form; and
(b) the design application meets the requirements of
regulation 11.18; and
(c) the design application identifies, for each design, the product
or products in relation to which the design is sought to be
registered sufficiently to enable each product to be classified
in accordance with the Locarno Agreement; and
(d) for a design application mentioned in subsection 23(2) of the
Act—the design application identifies the design number that
was allocated to the excluded design in the initial application;
and
(e) if a specimen is filed as a representation of a design—the
specimen is of a kind that:
(i) can be readily mounted in a flat position by affixing it to
a paper of the size required under paragraph 1(1)(e) of
Schedule 2; and
(ii) can be stored without damage to other documents; and
(iii) when mounted, is presented in a way that allows any
number of copies of the specimen to be reproduced
directly by photocopying, digital scanning,
microfilming and photography; and
(f) the design application includes 5 copies of each
representation of each design disclosed in the application;
and
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(g) the number of designs disclosed in the design application is
the number of designs identified, by the applicant, as being
separate designs disclosed in application; and
(h) the design application complies substantially with the formal
requirements set out in Schedule 2.
Note: For a design application in respect of a design excluded from certain
transitional applications, see also regulation 12.03.
(2) If the applicant has requested registration of some, but not all, of
the designs disclosed in the design application, the formalities
check is confirmation, by the Registrar, that the matters specified
in subregulation (1) are satisfied in relation to the part or parts of
the application relating to the design or designs covered by the
request.
(3) If the Registrar is not satisfied with the matter mentioned in
paragraph (1)(e), the Registrar may, in giving a notice under
section 41 of the Act, require the applicant to file another
representation that complies with the paragraph.
4.06 Registrar must refuse to register certain designs
For paragraph 43(1)(a) of the Act, the following classes of designs
are prescribed:
(a) medals;
(b) designs of a kind that the Registrar must, under
subregulation 2(4) of the Protection of Word ‘Anzac’
Regulations, refuse to register;
(c) designs of a kind mentioned in subsection 19(1) of the
Crimes (Currency) Act 1981;
(d) designs that are scandalous, or might reasonably be taken to
be scandalous;
(e) the Arms, or a flag or seal, of the Commonwealth or of a
State or Territory;
(f) the Arms or emblems of:
(i) a State or Territory; or
(ii) a city or town in the Commonwealth; or
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(iii) a public authority or public institution in Australia;
(g) the armorial bearings, flags, State emblems or other signs of
another country.
4.07 Period within which Registrar must register certain designs
after refusal
For section 44 of the Act, the prescribed period is 1 month from the
date on which the Registrar was notified of the revocation of the
order.
Note: A similar arrangement is made in regulation 8.02.
4.08 Certificate of registration and notice of registration
(1) For subsection 45(3) of the Act, the certificate must include the
following details in relation to the design:
(a) the registration number;
(b) the filing date of the design application first disclosing the
design;
(c) the initial term of the registration;
(d) the name and address of the registered owner;
(e) the product or products to which the design relates;
(f) the name of the designer;
(g) if a statement of newness and distinctiveness has been
provided to the Registrar—that statement;
(h) if applicable:
(i) details about any basic application made in respect of
the design; and
(ii) the design number that was allocated to the excluded
design in the initial application.
Note 1: A statement of newness and distinctiveness is described in
paragraph 19(2)(b) of the Act.
Note 2: For a design application in respect of a design excluded from certain
transitional applications, see also regulation 12.03.
(2) For subsection 45(4) of the Act, the notice must:
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(a) be in the form of a notice published in the Official Journal;
and
(b) include the following details in relation to the design:
(i) the design number;
(ii) the registration number;
(iii) the date on which the design was registered;
(iv) the filing date of the design application first disclosing
the design;
(v) if applicable:
(A) details about any basic application made in
respect of the design; and
(B) the design number that was allocated to the
excluded design in the initial application;
(vi) the product or products to which the design relates;
(vii) the Locarno Agreement classification of the product or
each product;
(viii) if a statement of newness and distinctiveness has been
provided to the Registrar—that statement;
(ix) the name and address of the registered owner;
(x) the name of the designer.
Note 1: A statement of newness and distinctiveness is described in
paragraph 19(2)(b) of the Act.
Note 2: For a design application in respect of a design excluded from certain
transitional applications, see also regulation 12.03.
4.09 Renewal of registration
(1) For subsection 47(2) of the Act, the prescribed period is the period
of 5 years and 6 months that begins at the start of the term of
registration of the design.
Note: If a renewal fee is paid after 5 years, it will attract the fee set out in
paragraph (b) of column 3 of item 5 of Schedule 4.
(2) For subsection 47(3) of the Act, the application must:
(a) be clear that renewal of the registration of the design is being
requested; and
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(b) include the registration number of the design; and
(c) be accompanied by the fee set out in item 5 of Schedule 4.
4.10 Surrender of registration
For paragraph 49(3)(c) of the Act, the offer must include:
(a) a statement that an offer is made to surrender the registration
of the design; and
(b) the registration number of the design.
Note: Under subsection 49(2) of the Act, if there is more than 1 registered
owner, the offer must be made by all the registered owners.
4.11 Revocation of registration on surrender
(1) For paragraph 50(2)(a) of the Act, each other person who is entered
on the Register as having an interest in the design is prescribed.
(2) For paragraph 50(2)(b) of the Act, a person mentioned in
subregulation (1) may make a submission:
(a) in writing; and
(b) within 1 month after the date of the notice under
paragraph 50(2)(a) of the Act.
(3) The Registrar must also publish, in the Official Journal, a notice of
the offer received under section 49 of the Act.
(4) If an interested person wishes to be heard in relation to the offer, he
or she must, within 1 month after the date of publication of the
notice mentioned in subregulation (3), give notice to the Registrar
of his or her wish to be heard.
(5) The Registrar may, as a preliminary issue, hear and determine the
question whether a person is an interested person.
(6) If an interested person gives notice to the Registrar under
subregulation (4), the Registrar must give the person an
opportunity to be heard before exercising his or her powers under
subsection 50(3) of the Act.
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22 Designs Regulations 2004
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4.12 Revocation of registration on grounds relating to entitled
persons
For subsection 51(2) of the Act, the application must:
(a) be made in the approved form; and
(b) include a statement of the grounds on which the application
is made.
4.13 Notice of revocation of registration
For subsection 52(4) of the Act, the notice must:
(a) be in the form of a notice published in the Official Journal;
and
(b) include the registration number of the design.
4.14 Applications by entitled persons after revocation following
surrender of registration
For paragraph 54(1)(b) of the Act, an application must be in
writing.
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Publication Part 4.4
Designs Regulations 2004 23
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Part 4.4—Publication
4.15 Publication of a design
(1) For subsection 57(2) of the Act, the documents:
(a) must include the applicant’s name and the designer’s name;
and
(b) must meet the requirements of regulation 11.18; and
(c) must comply substantially with the formal requirements set
out in Schedule 2; and
(d) must not disclose a design that would have been refused
registration under paragraph 43(1)(b), (c) or (d) of the Act;
and
(e) must not disclose a design that is of a class prescribed in
paragraph 4.06(b), (c) or (d).
(2) If the design application is in respect of more than 1 design, the
requirements specified in subregulation (1) are to be satisfied in
relation to the part or parts of the application relating to the design
or designs covered by the request.
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Chapter 5 Examination of designs
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Chapter 5—Examination of designs
5.01 Requirements for request for examination of design
For subsection 64(1) of the Act, the following requirements are
prescribed:
(a) the request must be made in the approved form;
(b) if the request is made by a person other than the registered
owner, and contains any material in relation to the newness
and distinctiveness of the design—the material must be
provided in duplicate.
5.02 Grounds for revocation of registration of design
For paragraph 65(2)(b) of the Act, a prescribed ground is that,
under section 43 of the Act, the design should not have been
registered.
5.03 Examination of design—procedures
(1) For paragraph 65(3)(a) of the Act, the procedures set out in this
regulation are prescribed for the conduct of an examination of a
design.
(2) If, after considering under subsection 65(1) of the Act whether a
ground for revocation under subsection 65(2) of the Act exists, the
Registrar is satisfied that a ground for revocation has been made
out, the Registrar must give notice to the registered owner as
required under subsection 66(2) of the Act.
Note: See section 67 of the Act for what is to happen if the Registrar is
satisfied that a ground for revocation has not been made out.
(3) A registered owner may respond to a notice given under
subsection 66(2) of the Act (including a further notice mentioned
in subregulation (6)) by:
(a) contesting, in writing, the ground for revocation; or
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(b) requesting amendment of the Register as provided under
subsection 66(3) of the Act.
(4) If the registered owner responds by contesting the ground in
writing, the Registrar must reconsider whether a ground for
revocation under subsection 65(2) of the Act exists, taking into
account the written submissions made by the registered owner.
(5) If the registered owner responds by requesting amendment of the
Register, the Registrar must consider whether the ground for
revocation would be removed if the Register were amended as
proposed in the request.
(6) If:
(a) after the reconsideration mentioned in subregulation (4), the
Registrar remains satisfied that a ground for revocation has
been made out; or
(b) after the consideration mentioned in subregulation (5), the
Registrar is satisfied that the ground would not be removed if
the Register were amended as proposed;
the Registrar must:
(c) give a further notice to the registered owner under
subsection 66(2) of the Act; or
(d) give the registered owner a reasonable opportunity to be
heard under paragraph 68(4)(a) of the Act.
(7) A further notice mentioned in subregulation (6) must, in addition to
stating that a ground for revocation has been made out, include a
statement to the following effect:
(a) if the registered owner has contested the ground in writing—
that the Registrar has taken into account the written
submissions made by the registered owner;
(b) if the registered owner has requested amendment of the
Register—that the ground would not be removed if the
Register were amended as proposed.
Note: See section 67 of the Act for what is to happen if the Registrar is
satisfied that a ground for revocation has not been made out or that
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any such ground would be removed if the Register were amended as
proposed.
(8) If the request for examination was made by a person other than the
registered owner, the Registrar must send a copy of the notice
given under subsection 66(2) of the Act (including a further notice
mentioned in subregulation (6)) to the person who requested the
examination.
Note: See section 68 of the Act for what is to happen if the Registrar
remains satisfied that a ground for revocation has been made out and
the ground would not be removed if the Register were amended as
proposed.
5.04 Period in which examination of a design must be completed
For paragraph 65(3)(b) of the Act, the prescribed period is worked
out as follows:
(a) if a notice is given under subsection 66(2) of the Act in
relation to the examination, the prescribed period is 6 months
after the date of the first notice;
(b) if:
(i) a person provides material under section 69 of the Act;
and
(ii) the Registrar gives the registered owner written notice
under subsection 66(2) of the Act of a ground of
revocation, based on that material;
the prescribed period is whichever of the following periods
ends later:
(iii) 6 months after the date of the first notice under
subsection 66(2) of the Act in relation to the
examination;
(iv) 3 months after the date of the notice under
subsection 66(2) of the Act that first raises the ground of
revocation;
(c) if:
(i) the Registrar discontinues the examination of the design
in accordance with subsection 63(4) of the Act; or
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(ii) if a hearing described in section 67 or 68 of the Act is
requested; or
(iii) if an appeal is made to the Federal Court, the Federal
Magistrates Court or the Federal Circuit Court of
Australia against a decision of the Registrar under
section 67 or 68 of the Act;
the prescribed period is the period determined by the
Registrar to allow the examination to be completed.
5.05 Amendment of registration
(1) For subsection 66(4) of the Act:
(a) the request must be in writing; and
(b) the request must make it clear that an amendment of the
Register is being requested; and
(c) the request must set out the nature and extent of the proposed
amendments; and
(d) the request must be accompanied by:
(i) a substitute document or representation incorporating
the proposed amendments; or
(ii) a statement setting out the proposed amendments and
the place at which each amendment is proposed to be
made; and
(e) if:
(i) the request is not accompanied by a substitute document
or representation incorporating the proposed
amendments; and
(ii) the Registrar directs the registered owner under
paragraph (2)(b) to file a substitute document;
the substitute document must have been filed in accordance
with the direction.
(2) For subsection 66(5) of the Act:
(a) the Registrar must notify the registered owner if:
(i) the request does not meet the requirements mentioned in
subregulation (1); or
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(ii) the proposed amendment is of a kind prohibited under
subsection 66(6) of the Act; and
(b) if the request is not accompanied by a substitute document or
representation incorporating the proposed amendments, the
Registrar may direct the registered owner to file a substitute
document or representation within the time allowed by the
Registrar.
5.06 Certificate of examination and notice of examination
(1) For paragraph 67(3)(a) of the Act, the certificate must include:
(a) the registration number of the design; and
(b) the date of certification.
(2) For paragraph 67(3)(c) of the Act, the notice must:
(a) be in the form of a notice published in the Official Journal;
and
(b) include the following details in relation to the design:
(i) the registration number;
(ii) the date of certification.
(3) In this regulation:
date of certification means the date on which the Registrar is
satisfied that a certificate of examination is to be issued under
subsection 67(3) of the Act in respect of the design.
5.07 Revocation of registration after examination
For subsection 68(3) of the Act, the notice must:
(a) be in the form of a notice published in the Official Journal;
and
(b) include the following details in relation to the design:
(i) the registration number;
(ii) the date on which the design was revoked.
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5.08 Material provided to Registrar
For subsection 69(2) of the Act, the material must:
(a) be provided in duplicate; and
(b) be accompanied by the approved form; and
(c) be accompanied by evidence of the publication of the
material.
Note: Under regulation 11.18, a document that is not in English must be
accompanied by a verified translation.
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Chapter 7 Jurisdiction and powers of courts
30 Designs Regulations 2004
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Chapter 7—Jurisdiction and powers of courts
7.01 Application to court for compulsory licence
For subsection 90(1) of the Act, the prescribed period is 3 years
from the date of registration of the design.
7.02 Revocation of registration after grant of compulsory licence
For subsection 92(1) of the Act, the prescribed period is 2 years
from the date on which the licence, or the first licence (if more than
1), was granted under section 90 of the Act in relation to the
design.
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The Crown Chapter 8
Designs Regulations 2004 31
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Chapter 8—The Crown
8.01 Acquisition of design by the Commonwealth
For subsection 106(3) of the Act, notice of the acquisition must be
published:
(a) in the Official Journal; and
(b) in the Gazette.
Note: The Commonwealth of Australia Gazette is available in hard copy and
online.
8.02 Period within which designs must be registered or published
after prohibition
For subsection 108(4) of the Act, the prescribed period is 1 month
from the date on which the Registrar was made aware of the
revocation of the order.
Note: A similar arrangement is made in regulation 4.07.
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Chapter 9 The Register
32 Designs Regulations 2004
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Chapter 9—The Register
9.01 Other particulars to be entered in the Register
For paragraph 111(2)(e) of the Act, the following particulars are
prescribed:
(a) the address for service of the registered owner;
(b) the name of each other person who has an interest in the
design;
(c) the designer’s name;
(d) if a statement of newness and distinctiveness was included in
the application—that fact.
9.02 Inspection of Register
For subsection 113(1) of the Act, the prescribed times, in relation
to the Designs Office or a sub-office of the Designs office, are
from 9 am to 5 pm on Monday to Friday other than a public
holiday:
(a) in the place where the Designs Office or the sub-office is
located; or
(b) for the purposes of the Australian Public Service in that
place.
9.03 Amendments of Register to record changes of ownership
(1) For subsection 114(3) of the Act, the prescribed period is 1 month
from the date of the notice under paragraph 114(3)(a) of the Act.
(2) For subsection 114(4) of the Act, the request must:
(a) be made in the approved form; and
(b) be accompanied by satisfactory evidence of:
(i) the assignment of the interest in the design; or
(ii) the person’s interest in the design by devolution by will
or by operation of law.
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9.04 Notice specifying amendments to Register
For paragraph 116(b) of the Act, the Registrar must publish a
notice in the Official Journal.
9.05 Correction of Register
(1) The Registrar may, of his or her own motion, amend an entry in the
Register to correct a clerical error or an obvious mistake.
(2) The Registrar may, on request made in the approved form, amend
an entry in the Register:
(a) to correct a clerical error or an obvious mistake; or
(b) if a name or an address entered in the Register has been
changed—to change the name or address.
(3) If the Registrar proposes to amend an entry in the Register, the
Registrar may give notice of the proposed amendment to a person
who is entered in the Register as having an interest in the design.
(4) If a proposed amendment of an entry would materially alter the
meaning or scope of the entry, the Registrar must publish, in the
Official Journal, a notice of the request to amend the entry.
(5) A person may oppose the amendment by filing a notice of
opposition, in an approved form, within one month from the
publication of the notice under subregulation (4).
Note: For the circumstances in which an extension of time can be sought,
see section 137 of the Act.
(6) The Registrar must give a copy of the notice of opposition to the
person who requested the amendment as soon as practicable.
(7) If the amendment is not opposed, the Registrar must amend the
entry as requested.
(8) If the amendment is opposed, the Registrar must amend the entry if
the Registrar decides to do so, subject to a decision of a tribunal or
prescribed court in relation to the opposition.
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Chapter 10 Administration
34 Designs Regulations 2004
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Chapter 10—Administration
10.01 Delegation by Registrar
For subsection 124(1) of the Act, the prescribed classes of
employees are:
(a) for any of the powers or functions of the Registrar under the
Act (other than the powers or functions under paragraphs
127(1)(a) and (c) of the Act)—an employee employed at, or
performing duties at, any of the following classifications:
(i) Executive Level 2;
(ii) Executive Level 1;
(iii) APS level 6;
(iv) APS level 5;
(v) APS level 4;
(vi) APS level 3;
(vii) APS level 2; and
Note: Under paragraphs 127(1)(a) and (c) of the Act, the Registrar may
summon witnesses and require the production of documents or
articles.
(b) for all or any of the powers or functions of the Registrar
under the Olympic Insignia Protection Act 1987—an
employee employed at, or performing the duties at, any of the
following classifications:
(i) Executive Level 2;
(ii) Executive Level 1;
(iii) APS level 6.
Note: For the meaning of employee, see section 5 of the Act.
10.02 Costs (Act s 127)
(1) A party to proceedings before the Registrar may apply to the
Registrar, in the approved form, for an award of costs in respect of
the proceedings.
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(2) The application must be made:
(a) during the proceedings; or
(b) within 3 months from:
(i) the day when the Registrar makes a decision that ends
the proceedings; or
(ii) the date of the Registrar’s notice to the party that the
proceedings have been discontinued.
(3) The Registrar may award costs only in respect of a matter
mentioned in Schedule 3.
(4) Before awarding costs for an amount other than for an amount
mentioned in Schedule 3 in respect of the proceedings, the
Registrar must give each party to the proceedings a reasonable
opportunity to be heard in relation to the award of costs.
(5) If a bill of costs is to be filed in relation to the proceedings, the bill
must be filed within 3 months from the day when the costs are
awarded.
(6) The amount of costs must be taxed, allowed and certified, in
accordance with Schedule 3, by the Registrar.
(7) The Registrar may review the taxation of costs carried out by a
delegate of the Registrar or a person authorised to act for the
Registrar.
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Chapter 11 Miscellaneous
Part 11.2 Fees
36 Designs Regulations 2004
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Chapter 11—Miscellaneous
Part 11.2—Fees
11.01 Fees payable
(1) For subsection 130(1) of the Act, the fee to be paid for a matter
mentioned in an item in Schedule 4 is specified in the item.
(2) For subsection 130(3) of the Act, the fee mentioned in an item in
Schedule 4 is payable as set out in this regulation.
Who pays
(3) A fee specified in an item is payable by the person (if any) who is
specified in the item as the person by whom the fee is payable.
To whom is it payable
(4) The fee is payable to the Registrar.
When is it payable
(5) The fee is payable at the following time:
(a) if it is for filing an application, request or other document—
when the application, request or other document is filed;
(b) if it is for appearing at a hearing:
(i) for the first day—immediately before the hearing; and
(ii) for each day or part of a day after the first day—
immediately after the completion of the hearing.
How is it paid
(6) The fee must be paid in the manner that the Registrar reasonably
directs.
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Transitional
(7) Paragraph 12(a) of Schedule 4, as in force on 1 July 2012, does not
apply to a person in relation to a hearing held after the
commencement of this subregulation if:
(a) the person requests the hearing, and pays the fee mentioned
in item 11 of Schedule 4, before the commencement of this
subregulation; or
(b) the person pays the fee mentioned in paragraph 12(a) of of
Schedule 4 for the hearing before the commencement of this
subregulation; or
(c) the hearing relates to a request or application by the person
for which the person paid the fee mentioned in item 10 of
Schedule 4 before the commencement of this subregulation.
(8) Paragraph 12(b) of Schedule 4, as in force on 1 July 2012, does not
apply to a person in relation to a hearing held after the
commencement of this subregulation if the person pays the fee
mentioned in paragraph 12(b) of Schedule 4 for the hearing before
the commencement of this subregulation.
11.01A Approved means
(1) The Registrar may, by notice published by the Registrar, specify
one or more means for doing an action mentioned in Schedule 4.
Examples of actions:
1 Filing a request.
2 Filing an application.
(2) The means may be an electronic means or any other means.
Note: The means become approved means when they are published.
11.02 Failure to pay—fee for filing a design application
(1) This regulation applies if:
(a) the fee mentioned in item 1 in Schedule 4 is not paid on the
day when it is payable; and
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(b) within 1 month after that day, the Registrar invites the
applicant to pay the fee within 2 months after the date of the
invitation; and
(c) the fee is not paid within the 2 month period.
(2) The application lapses, or the registration of each design disclosed
in the application that has been registered ceases, at the end of the
2 month period.
11.03 Failure to pay—fee for filing a request for registration
covering a further design
(1) This regulation applies if:
(a) the fee mentioned in item 2 in Schedule 4 is not paid on the
day when it is payable; and
(b) within 1 month after the date of the first notice given under
section 41 of the Act in relation to the further design, the
Registrar invites the applicant to pay the fee within 2 months
after the date of the invitation; and
(c) the fee is not paid in accordance with the 2 month period.
(2) The application lapses, or the registration of each design disclosed
in the application that has been registered ceases, at the end of the
2 month period.
11.04 Failure to pay—fee payable by the registered owner for filing
a request for examination
(1) This regulation applies if:
(a) the fee mentioned in item 3 in Schedule 4 is not paid on the
day when it is payable; and
(b) within 1 month after that day, the Registrar invites the
registered owner to pay the fee within 2 months after the date
of the invitation; and
(c) the fee is not paid within the 2 month period.
(2) The registration of the design ceases, at the end of the 2 month
period.
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11.05 Failure to pay—fee payable by the registered owner in
relation to a request for examination filed by another
person
(1) This regulation applies if:
(a) the fee mentioned in paragraph (b) in column 3 of item 4 in
Schedule 4 is not paid on the day when it is payable; and
(b) within 1 month after the fee mentioned in paragraph (a) of
item 4 in Schedule 4 is paid, the Registrar invites the
registered owner to pay the fee within 2 months after the date
of the invitation; and
(c) the fee is not paid within the 2 month period.
(2) The registration of the design ceases at the end of the 2 month
period.
11.06 Failure to pay—certain other fees for filing
(1) This regulation applies if:
(a) the fee mentioned in:
(i) paragraph (a) in column 3 of item 4 in Schedule 4; or
(ii) item 7, 8, 9 or 10 in Schedule 4;
is not paid on the day when it is payable; and
(b) within 1 month after the fee is payable, the Registrar invites
the person who files the request, application or notice to pay
the fee within 2 months after the date of the invitation; and
(c) the fee is not paid within the 2 month period.
(2) The request, application or notice is taken not to have been filed.
11.07 Failure to pay—fee for requesting a hearing
(1) This regulation applies if the fee mentioned in item 11 in
Schedule 4 is not paid when it is payable.
(2) No hearing as requested is to be held until the fee has been paid.
(3) If:
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(a) within 1 month after the fee is payable, the Registrar invites
the person who files the request to pay the fee:
(i) within 2 months after the date of the invitation; or
(ii) if the date of the hearing occurs before the 2 months
period—before the date of the hearing; and
(b) the fee is not paid in accordance with the Registrar’s
invitation;
the request is taken not to have been filed.
11.08 Failure to pay—fee for appearing at a hearing
If the fee mentioned in paragraph (a) in column 3 of item 12 in
Schedule 4 is not paid when it is payable, a person cannot appear at
the hearing.
11.09 Failure to pay—fees for requesting supply of documents by
the Registrar
(1) This regulation applies if the fee mentioned in item 13, 14, 15 or
16 in Schedule 4 is not paid when it is payable.
(2) The Registrar must not process the request until the fee has been
paid.
(3) If:
(a) the Registrar invites the person who files the request to pay
the fee within 2 months after the date of the invitation; and
(b) the fee is not paid within the 2 month period;
the request is taken not to have been filed.
11.10 Consequences if Registrar does not invite payment
(1) This regulation applies if:
(a) the fee mentioned in item 1, 2, 3, 4, 7, 8, 9 or 10 in
Schedule 4 is not paid when it is payable; and
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(b) the Registrar does not give the invitation mentioned in
regulation 11.02, 11.03, 11.04, 11.05 or 11.06 within the time
mentioned in that regulation for giving the invitation.
(2) The request, application or notice is to be treated as if the fee had
been paid when it was payable.
11.11 Exemption from fees (Act s 149)
The Registrar may exempt a person from the payment of the whole
or any part of a fee, if the Registrar is satisfied on reasonable
grounds that the action is justified having regard to all the
circumstances.
11.12 Recovery of fees
A fee payable under these Regulations is recoverable as a debt due
to the Commonwealth.
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Part 11.5—Extensions of time
11.13 Extensions of time for doing a relevant act
(1) For subsection 137(2) of the Act, an application must:
(a) be made in the approved form; and
(b) be accompanied by a declaration setting out the grounds on
which the application is made.
(1A) Subregulation (1B) applies if:
(a) an application for an extension of time for doing a relevant
act is made under subsection 137(2) of the Act; and
(b) the relevant act has not been done; and
(c) a notice of opposition to the grant of the application is filed.
(1B) If the Registrar grants the application, the Registrar must extend
the time to include the period from the day on which the notice of
opposition is filed to the end of:
(a) if an application is made to the AAT for a review of a
decision of the Registrar—the day when the application is
withdrawn or finally dealt with or determined; or
(b) in any other case—21 days after the end of the day on which
the Registrar decides the application.
(2) For subsection 137(4) of the Act, the Registrar must advertise an
application in the Official Journal.
(3) For subsection 137(5) of the Act, the person must file a notice of
opposition, in an approved form, within one month from the
advertisement of the application.
(3A) The Registrar must give a copy of the notice of opposition to the
person who applied for the extension as soon as practicable.
(4) If the Registrar grants an extension of time under section 137 of the
Act, the Registrar must publish details of the extension in the
Official Journal.
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11.14 Consequence of extension—notice of restoration
For paragraph 138(2)(b) of the Act, the Registrar must publish a
notice in the Official Journal.
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Part 11.6—Other
11.15 Agents (Act s 141)
(1) This regulation applies if a person (an agent) acts on behalf of
another person (the principal).
(2) If the agent signs a document on behalf of the principal, the agent
must note that fact (including the principal’s name) on the
document.
(3) If the agent is not a legal practitioner, he or she must not do the
following on behalf of the principal:
(a) prepare any document that is to be filed in, or issued from, a
court;
(b) transact business, or conduct proceedings, in a court.
11.16 Right of lien of registered patent attorneys (Act s 142)
A registered patent attorney has, in relation to documents and
property of a client in a matter relating to designs, the same right of
lien that a solicitor has in relation to the documents and property of
a client.
11.18 Documents to be in English
(1) An approved form being filed must be in English.
(2) Any other document being filed must:
(a) be in English; or
(b) if it is not in English—be accompanied by a translation of the
document into English that has with it a certificate of
verification.
(3) However, subregulation (2) does not apply to text that forms part
of a design.
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(4) In this regulation:
certificate of verification, in relation to a translation, means a
statement, dated and signed by a person, to the effect that the
translation is, to the best of the knowledge of the person, a true and
complete translation of the accompanying document.
11.19 Service of documents
(1) If provision is made in an approved form to state an address for
service, the person completing the form must state:
(a) an address in Australia at which a document under the Act or
these Regulations may be given to him or her personally or to
the person specified in the form as his or her representative;
or
(b) another address in Australia to which it is practicable and
reasonable for Australia Post, or a person acting on behalf of
Australia Post, to deliver mail.
(2) A person may file notice of a change of his or her address for
service to another address that complies with paragraph (1)(a) or
(b).
(3) If a notice of opposition is filed, a party to the opposition
proceedings who has filed a notice under subregulation (2) must
serve a copy of the notice on each other party to the proceedings.
(4) If a person serves a document on a person other than the Registrar,
he or she must, as soon as practicable after serving the document
on the other person, file:
(a) a notice of the service in the approved form; and
(b) a copy of the document served.
11.20 Address for correspondence
(1) If provision is made in an approved form to state an address for
correspondence, the person completing the form may state an
address to which all correspondence from the Registrar can be sent.
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(2) A person may file a notice of change of his or her address for
correspondence.
(3) The address for correspondence need not be in Australia.
11.21 Death of applicant or registered owner (Act s 146, s 147)
(1) This regulation applies to:
(a) a legal representative who wishes to proceed with the
application in accordance with section 146 of the Act; or
(b) a person who wishes to have the Register amended in
accordance with section 147 of the Act.
(2) The legal representative or the person must file:
(a) a request in the approved form; and
(b) any other document that the Registrar reasonably considers to
be necessary to support the request.
11.22 Exercise of discretionary powers by Registrar
(1) The Registrar must give a person an opportunity to be heard before
exercising a discretionary power under these Regulations adversely
to the person.
Note: See section 148 of the Act for a similar provision.
(2) For section 148 of the Act and subregulation (1), the Registrar
must give the person an opportunity to be heard by:
(a) asking the person for written submissions; or
(b) notifying the person that, on request to the Registrar, the
person may be heard by way of an oral hearing on a date, and
at a time and place, determined by the Registrar; or
(c) notifying the person of the date, time and place of an oral
hearing.
(3) The Registrar may exercise the discretionary power if the person:
(a) notifies the Registrar that the person does not want to be
heard; or
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(b) does not file written submissions if requested under
subregulation 11.23(1); or
(c) does not attend an oral hearing if notified under
subregulation 11.23(2).
(4) If the Registrar exercises discretionary power in any of the
circumstances mentioned in subregulation (3), the Registrar must
notify the person of the Registrar’s decision.
11.23 Written submissions and oral hearings
Written submissions
(1) If the Registrar decides that a person may be heard by way of
written submissions, the Registrar must:
(a) notify the person of the period in which the submissions must
be filed (being a period of at least 10 business days); and
(b) decide the matter after considering the written submissions;
and
(c) notify the person of the Registrar’s decision in relation to the
exercise of the discretionary power.
Oral hearings
(2) If the Registrar decides that a person may be heard by way of an
oral hearing, the Registrar must give notice of the date, time and
place of the hearing to the person at least 10 business days before
the day the hearing is to begin.
(3) The Registrar may adjourn an oral hearing from time to time or
from place to place by notifying the person.
(4) The Registrar may hold an oral hearing in which:
(a) a person appears in person; or
(b) a person participates by telephone or other means of
telecommunications that the Registrar reasonably allows.
(5) In addition to the Registrar’s other powers, the Registrar may
direct a person to provide a written summary of submissions.
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(6) The Registrar must notify a person who appears at the hearing of
the Registrar’s decision in relation to the exercise of the
discretionary power.
11.24 Practice and procedure in relation to applications, oppositions
and other matters
(1) This regulation applies in relation to:
(a) applications, oppositions and matters that the Registrar is
authorised, under the Act or these Regulations, to hear and
decide; and
(b) matters being decided on the motion of the Registrar.
(2) Subject to these Regulations, the practice and procedure to be
followed for the purposes of enabling the application or matter to
be decided is to be determined by the Registrar.
(3) A person to be heard at a hearing may apply to the Registrar in
respect of the practice and procedure relating to the hearing to be
determined by the Registrar.
11.25 Evidence
(1) If evidence is given in writing to the Registrar for the purposes of
the Act or these Regulations, the evidence must be in the form of a
declaration.
(2) The Registrar may:
(a) require a person who has made a declaration to appear before
him or her to give evidence orally on oath or affirmation in
substitution for, or addition to, the evidence contained in the
declaration; and
(b) allow the person to be cross-examined on the declaration.
11.26 Declarations
(1) A declaration required or permitted by the Act or these Regulations
to be given to the Registrar must be in the approved form.
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Note: Declaration forms in the approved form are available on the IP
Australia website at www.ipaustralia.gov.au.
(2) A declaration in the form of a statutory declaration, required or
permitted to be given to the Registrar, may be given to the
Registrar in an electronic form by a means of electronic
communication approved by the Registrar.
Note: A declaration that is not in the form of statutory declaration may also
be given in an electronic form by means of an electronic
communication: see section 11 of the Electronic Transactions Act
1999.
11.27 Non compliance in relation to documents other than design
applications
(1) This regulation applies in relation to a document other than a
design application.
(2) A document filed at the Designs Office must substantially comply
with Schedule 2.
(3) If a document does not substantially comply with Schedule 2, or is
not in accordance with any applicable approved form, the Registrar
must, depending on the nature and deficiency of the document:
(a) return the document to the person from whom the document
was received, with a statement indicating in what way the
document does not comply, or is not in accordance; or
(b) direct that person to do the things specified in the direction to
ensure that the document will comply, or will be in
accordance.
(4) If the Registrar returns a document under paragraph (3)(a), the
document is taken not to have been filed.
(5) If the Registrar gives a direction under paragraph (3)(b), the
document is taken to have been filed unless the person to whom the
direction was given does not comply with the direction within 2
months from the day when it was given.
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11.28 Directions for actions not otherwise prescribed
If:
(a) the Registrar reasonably believes that it is necessary, for the
proper prosecution or completion of proceedings before the
Registrar, for a person to perform an act, file a document or
produce evidence; and
(b) that action is not specified elsewhere in the Act or these
Regulations;
the Registrar may give notice to the person directing the person to
perform the act, file the document or produce the evidence.
11.29 Acting for persons unable to act
(1) If a person is incapable of doing anything required or permitted by
the Act or these Regulations to be done because of infancy, mental
disability, physical disability or disease, a court may, on the
application by a person acting for the incapable person or by any
other person interested in the doing of the thing:
(a) do that thing in the name of, and on behalf of, the incapable
person; or
(b) appoint a person to do the thing in the name of, and on behalf
of, the incapable person.
(2) A thing done in the name of, and on behalf of, an incapable person
is taken to have been done by that person as if he or she had not
been incapable when the thing was done.
(3) In this regulation:
mental disability means a disturbance or defect, to a severely
disabling degree, of perceptual interpretation, comprehension,
reasoning, learning, judgment, memory, motivation or emotion.
11.30 Requirements that cannot be complied with for reasonable
causes
If:
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(a) a person is required, under these Regulations, to sign a
document, make a declaration, file or give to the Registrar a
document or evidence, or to do any other act or thing; and
(b) the Registrar is satisfied that the person cannot reasonably
comply with the requirement;
the Registrar may, subject to any condition that he or she
reasonably directs, dispense with the requirement.
11.31 Review of decisions
(1) In this regulation:
decision has the same meaning as in the Administrative Appeals
Tribunal Act 1975.
Tribunal means the Administrative Appeals Tribunal.
(2) Application may be made to the Tribunal for review of a decision
of the Registrar under subparagraph 9.05(5)(c)(ii).
(3) If the Registrar gives a person affected by a decision mentioned in
subregulation (2) written notice of the making of the decision, the
notice must include a statement to the effect that, subject to the
Administrative Appeals Tribunal Act 1975, application may be
made to the Tribunal for review of that decision by or on behalf of
the person whose interests are affected.
(4) Failure to comply with subregulation (3) in relation to a decision
does not affect the validity of the decision.
11.32 Period for doing certain acts—office not open for business
For subsection 136A(1) of the Act, the circumstance is that the act
is done at:
(a) the Designs Office; or
(b) a sub-office of the Designs Office;
that was not open for business.
Note: Subsection 136A(1) provides as follows:
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‘(1) If the last day of a period provided by this Act (except this section) or
the regulations for doing an act is a day when the Designs Office, or a
sub-office of the Designs Office, is not open for business, the act may
be done in prescribed circumstances on the next day when the office
or sub-office is open for business.’.
11.33 Days when office not open for business
(1) For paragraph 136A(2)(a) of the Act, the days on which the
Designs Office, or a sub-office of the Designs Office, is not open
for business are:
(a) Saturday; and
(b) Sunday; and
(c) Australia Day; and
(d) Anzac Day.
(2) For paragraph 136A(2)(b) of the Act, the table sets out prescribed
persons.
Item Person
1 The Director General of IP Australia
2 The Deputy Director General of IP Australia
3 Another person who:
(a) is an SES employee of IP Australia; and
(b) acts with the agreement of the Director General of IP Australia
4 Another person who:
(a) is an SES employee of IP Australia; and
(b) acts with the agreement of the Deputy Director General of IP Australia
5 Another person who:
(a) is an SES employee of IP Australia; and
(b) acts with the agreement of another SES employee of IP Australia
Note: SES employee is explained in section 34 of the Public Service Act
1999. That meaning is applied generally to Commonwealth legislation
by section 2B of the Acts Interpretation Act 1901.
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(3) For paragraph 136A(2)(b) of the Act, the prescribed way of
publishing a declaration is in the Official Journal of Designs.
11.34 Period for doing certain acts—acts to which section 136A does
not apply
For subsection 136A(7) of the Act, an act done in relation to
proceedings in a court or a tribunal is prescribed.
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Chapter 12—Repeal, transitional and saving
provisions
Part 1—General
12.01 Conversion of transitional applications
(1) For paragraph 159(2)(a) of the Act, the prescribed period:
(a) begins on the commencement of this subregulation; and
(b) ends immediately before:
(i) the design is registered; or
(ii) the application lapses or is withdrawn or refused.
(2) For paragraph 159(2)(c) of the Act, the request must be made in
the approved form.
12.02 Former Designs Regulations—transitional
Despite the repeal of the Designs Regulations 1982, those
Regulations continue to have effect to the extent necessary to give
effect to Part 2 of Chapter 12 of the Act.
12.03 Designs excluded from transitional applications that are not
converted applications
(1) This regulation applies if:
(a) 1 or more designs are disclosed in a transitional application;
and
(b) the transitional application is amended under section 22B of
the old Act to exclude 1 or more of those designs; and
(c) the transitional application is not a converted application; and
(d) before the registration, or the refusal of the registration, of
the design or designs in the transitional application, the
applicant files a design application under section 21 of the
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Act in respect of 1 or more of the designs excluded from the
transitional application (the excluded transitional designs).
Note: For a transitional application that is a converted application, see
section 160 of the Act.
(2) A design application in respect of excluded transitional designs
must include a request for registration or publication of all the
designs disclosed in the application.
(3) In applying these Regulations (other than regulations 1.04 and
3.02) in relation to an excluded transitional design:
(a) a reference to an excluded design is taken to be a reference to
the excluded transitional design; and
(b) a reference to an initial application is taken to be a reference
to the transitional application; and
(c) a reference to ‘the design number that was allocated to the
excluded design in the initial application’ is taken to be a
reference to ‘the application number of the transitional
application in which the excluded transitional design was
disclosed’; and
(d) a reference to ‘a design application mentioned in
subsection 23(2) of the Act’ is taken to be a reference to ‘a
design application mentioned in paragraph 12.03(1)(d)’.
(4) Subregulation (5) applies in relation to a design application
mentioned in paragraph (1)(d) that was filed before this regulation
commences.
(5) If a request for registration or publication of each design disclosed
in the design application is filed within the period prescribed under
these Regulations, as in force immediately before this regulation
commences:
(a) the request is taken to have been filed on the day when the
design application was filed; and
(b) the design application is taken to have complied with
subregulation (2).
(6) In this regulation:
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transitional application means an application for registration of a
design that was made under the old Act before 17 June 2004.
12.04 Protection and compensation provisions—transitional
(1) Subsections 18(3) and 18(4) of the old Act, and regulations 29AA,
29A and 29B of, and Schedule 1 to, the old Regulations, are taken
to have effect, in relation to an application for a licence under
subregulation 29AA(2) of the old Regulations, as if those
provisions had not been repealed.
(2) Subsection 27B(7) of the old Act, and regulations 29, 29A and 29B
of, and Schedule 1 to, the old Regulations, are taken to have effect,
in relation to an application for a licence under subregulation 29(2)
of the old Regulations, as if those provisions had not been
repealed.
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Part 2—Amendments made by particular
instruments
12.05 Amendments made by the Intellectual Property Legislation
Amendment (Raising the Bar) Regulation 2013 (No. 1)
The amendments of these Regulations made by item 3 of
Schedule 6 to the Intellectual Property Legislation Amendment
(Raising the Bar) Regulation 2013 (No. 1), other than the insertion
of new subregulation 11.22(1), apply in relation to a hearing for
which the Registrar issues a hearing notice, or an invitation to be
heard, on or after 15 April 2013.
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58 Designs Regulations 2004
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
Schedule 2—Formal requirements (regulations 4.04, 4.05, 4.15 and 11.27)
1 Fitness for reproduction
(1) Each sheet included in a document must:
(a) be presented in a way that allows any number of copies of the
sheet to be reproduced directly by photocopying, digital
scanning, microfilming and photography; and
(b) not be folded, creased or cracked; and
(c) subject to subclause 5(4), have its content presented in a
vertical format; and
(d) be durable, flexible, smooth, strong, white and have a matt
finish; and
(e) be of international sheet size A4; and
(f) be printed on 1 side only.
(2) A document must be free from any erasures, alterations,
overwriting and interlineations that, in the reasonable opinion of
the Registrar, would:
(a) compromise the authenticity of the document; or
(b) reduce the likelihood of clear reproduction of the document.
2 Separate sheets
(1) The sheets included in an application must be connected so that
they may:
(a) be readily turned to be read; and
(b) be readily separated for the purposes of reproduction and be
readily rejoined.
(2) Representations must be on a separate sheet or separate sheets to
any other documents filed in relation to the application.
3 Margins
(1) Each sheet must have a margin of at least 2.5 cm on each side.
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(2) A sheet of representations must not contain a frame surrounding
the representations.
4 Textual matter
(1) All textual matter must:
(a) be typewritten; or
(b) if it cannot be typewritten—be in large and legible
handwriting.
(2) The lines of any typewritten text must be 1½ spaced or double
spaced
(3) The text must:
(a) be presented in letters the capitals of which are at least 0.21
cm high; and
(b) be presented in a dark colour; and
(c) be indelible.
5 Additional requirements for representations
(1) A single representation must not exceed a single sheet.
(2) A single sheet may include more than 1 representation.
(3) Subject to subclause (4), if there are 2 or more representations on a
sheet, each representation must be presented in a vertical format
and be separated from each other.
(4) If the representations on a sheet cannot be presented in a vertical
format, each representation must be presented in a horizontal
format with the top of the representation towards the left of the
sheet (when viewed in a vertical format).
(5) Each sheet of representations must be numbered using a pair of
numbers (written in Arabic numerals) separated by ‘/’, the 1st
number being the sheet number (beginning with ‘1’) and the 2nd
number being the total number of sheets of representations (eg
1/10, 2/10 and 3/10).
(6) If:
(a) the application is for 1 design; and
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Schedule 2 Formal requirements
60 Designs Regulations 2004
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
(b) the design is a common design in relation to more than 1
product;
the representations must show the design in relation to each
product identified in the application
(7) If the application is for more than 1 design:
(a) each design must be separately and clearly indicated; and
(b) a single sheet cannot be used to show more than 1 design.
(8) Originals and copies of drawings must be executed in durable,
black, dense, dark, uniformly thick and well-defined lines and
strokes without colouring.
(9) A line in a drawing must generally be drawn with the aid of
drafting instruments.
(10) A cross-section must be indicated by oblique hatching that does not
impede the clear reading of reference letters, numbers or signs and
leading lines.
(11) The scale of a representation and the distinctness of its execution
must enable all details to be distinguished without difficulty on a
photographic reproduction of the representation with a 2/3 linear
reduction in size.
(12) Each representation must be shown in proper proportion to each
other representation, except when the use of a different proportion
is necessary for clarity of the representation.
(13) A letter, number or reference line shown on a representation must
be presented simply and be clear.
(14) Brackets, braces, circles or inverted commas must not be used in
association with letters or numbers.
(15) A representation must not include descriptive text, other than any
word or words necessary for the understanding of the
representation.
(16) The height of a letter or a number in a representation must be at
least 0.32 cm.
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Formal requirements Schedule 2
Designs Regulations 2004 61
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
6 Photographs and digital images
(1) Photographs must be original and clear.
(2) Photographs of specimens must be taken against a neutral and
contrasting background.
(3) Photographs must be mounted on paper as follows:
(a) the paper and mounting adhesive must be of a nature that will
not cause deterioration of the photograph;
(b) the paper and mounting must allow any number of copies of
the photograph to be reproduced directly by photocopying,
digital scanning, microfilming and photography;
(c) the photograph and paper must not be folded, creased or
cracked;
(d) subject to subclause 5(4), the photograph must be mounted in
a vertical format;
(e) the photograph must be mounted:
(i) on paper that is durable, flexible, smooth, strong, white
and have a matt finish; and
(ii) on paper that is of international sheet size A4; and
(iii) on 1 side of the paper only.
(4) Representations printed from a digital images must be clear and of
high definition.
7 Electronic documents
A document that is filed in electronic form must be in the approved
form.
8 Scandalous matter
An application must not contain any scandalous matter, or matter
that might reasonably be taken to be scandalous.
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Schedule 3 Costs
Part 1 Costs
62 Designs Regulations 2004
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
Schedule 3—Costs (regulation 10.02)
Part 1—Costs
Item Matter Amount
1 Preparing notice of opposition $200
2 Receiving and perusing notice of opposition $130
3 Preparation of case for hearing $525
4 Attendance at hearing by:
(a) a registered patent attorney without counsel; or
(b) a registered trade marks attorney without counsel;
or
(c) a solicitor without counsel
$260 an hour, but not
more than $1 170 a
day
5 Attendance at hearing by:
(a) a registered patent attorney instructing counsel; or
(b) a registered trade marks attorney instructing
counsel; or
(c) a solicitor instructing counsel
$200 an hour, but not
more than $900 a day
6 Counsel fees for attendance at hearing $300 an hour, but not
more than $1 350 a
day
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Costs Schedule 3
Expenses and allowances Part 2
Designs Regulations 2004 63
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
Part 2—Expenses and allowances
Division 1—Expenses
1 A person who has paid a fee prescribed in these Regulations in
relation to proceedings before the Registrar may be paid the
amount of the fee.
Note: If the person wishes to be paid, the person must apply for an award of
costs in respect of the proceedings: see regulation 10.02.
2 A person attending proceedings before the Registrar must be paid:
(a) a reasonable amount for allowances for transport between the
person’s usual place of residence and the place where he or
she attends the proceedings; and
(b) if the person is required to be absent overnight from his or
her usual place of residence—a reasonable amount for
allowances up to a daily maximum of $700 for meals and
accommodation.
Division 2—Allowances
3 A person who, because of his or her professional, scientific or
other special skill or knowledge, is summoned to appear as a
witness before the Registrar must be paid:
(a) if the person is remunerated in his or her occupation by
wages, salary or fees—an amount equal to the amount of
wages, salary or fees not paid to the person because of his or
her attendance as a witness; or
(b) in any other case—an amount of not less than $140, or more
than $700, for each day when he or she so attends.
4 A person summoned to appear as a witness, other than a witness
referred to in clause 3, before the Registrar must be paid:
(a) if the person is remunerated in his or her occupation by
wages, salary or fees—an amount equal to the amount of
wages, salary or fees not paid to the person because of his or
her attendance as a witness; or
(b) in any other case—an amount of not less than $80, or more
than $130, for each day when he or she so attends.
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Schedule 4 Fees
64 Designs Regulations 2004
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
Schedule 4—Fees (regulations 11.01 and 11.01A)
Item Matter Fee
1 Filing a design application
(a) by approved means;
$250 for each design identified,
by the applicant, as being a
separate design disclosed in the
application
(b) by another means $350 for each design identified,
by the applicant, as being a
separate design disclosed in the
application
2 Filing a request for registration covering a
further design
(a) by approved means; $250 for each further design
covered by the request
(b) by another means $350 for each further design
covered by the request
3 Filing a request, by the registered owner of
a design, for examination of the design
$420
4 Filing a request, by a person other than the
registered owner of a design, for
examination of a design
(a) payable by the person filing
the request—$210; and
(b) payable by the registered
owner—$210
5 Filing an application for renewal of the
registration of a design
(a) by approved means $320
(b) by another means $370
and, in addition, if the fee is paid after the
expiry of 5 years from the day when the
term of registration of the design starts
$100 for each month or part of a
month after the expiry of the 5
years and before the fee is
paid (maximum $600)
6 Lodging a request for an extension of the
period of registration:
(a) under subsection 27A(2) of the old Act
within the meaning of section 161 of
the Act (the first extension);
(a) $55;
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Fees Schedule 4
Designs Regulations 2004 65
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
Item Matter Fee
(b) under subsection 27A(12) of the old
Act (the second extension);
(b) $90;
(c) under subsection 27A(13) of the old
Act (the third extension)
(c) $135
7 Filing an application for an extension of
time on the ground specified in
paragraph 137(2)(a) of the Act
$100 for each month or part of a
month for which the extension is
sought
8 Filing an application for an extension of
time on the ground specified in
paragraph 137(2)(b) of the Act
$100
9 Filing a notice of opposition $550
10 Filing any 1 of the following: $500
(a) a request for a determination under
section 29 of the Act;
(b) a request for a direction under
section 30 of the Act;
(c) an application under section 51 of the
Act for revocation of the registration of
a design;
(d) a request under paragraph 11.22(3)(c)
for the exercise of the Registrar’s
discretionary powers;
(e) a request for the exercise of the
Registrar’s discretionary powers not
mentioned in the above paragraphs
11 Filing a request for a hearing $600
12 Appearing at a hearing (a) for the first day—$600 less
any amount paid under
item 10 or 11 in relation to the
hearing; and
(b) if the hearing runs for more
than a day—$600 for each
day or part of a day after the
first day
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Schedule 4 Fees
66 Designs Regulations 2004
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
Item Matter Fee
13 Filing a request for the supply, by the
Registrar, of:
(a) a duplicate certificate of registration; or
(b) a duplicate certificate of examination
$250
14 Filing a request for the supply, by the
Registrar, of a copy of an extract from the
Register
(a) $50 for the document; or
(b) if a search is required for the
document—$100 for the
document
15 Filing a request for the supply, by the
Registrar, of a copy of a document other
than an extract from the Register
(a) $50 for the document; or
(b) if a search is required for the
document—$100 for the
document
16 Filing a request for certification of a
document
$50
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Endnotes
Endnote 1—About the endnotes
Designs Regulations 2004 67
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnotes about misdescribed amendments and other matters are included in a
compilation only as necessary.
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
amendment is set out in the endnotes.
Federal Register of Legislative Instruments F2015C00507
Endnotes
Endnote 2—Abbreviation key
68 Designs Regulations 2004
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
Endnote 2—Abbreviation key
A = Act orig = original
ad = added or inserted par = paragraph(s)/subparagraph(s)
am = amended /sub-subparagraph(s)
amdt = amendment pres = present
c = clause(s) prev = previous
C[x] = Compilation No. x (prev…) = previously
Ch = Chapter(s) Pt = Part(s)
def = definition(s) r = regulation(s)/rule(s)
Dict = Dictionary Reg = Regulation/Regulations
disallowed = disallowed by Parliament reloc = relocated
Div = Division(s) renum = renumbered
exp = expires/expired or ceases/ceased to have rep = repealed
effect rs = repealed and substituted
F = Federal Register of Legislative Instruments s = section(s)/subsection(s)
gaz = gazette Sch = Schedule(s)
LI = Legislative Instrument Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003 SLI = Select Legislative Instrument
(md) = misdescribed amendment SR = Statutory Rules
mod = modified/modification Sub-Ch = Sub-Chapter(s)
No. = Number(s) SubPt = Subpart(s)
o = order(s) underlining = whole or part not
Ord = Ordinance commenced or to be commenced
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Endnotes
Endnote 3—Legislation history
Designs Regulations 2004 69
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
Endnote 3—Legislation history
Number and year Gazettal or FRLI
registration
Commencement Application, saving
and transitional
provisions
2004 No. 117 11 June 2004 17 June 2004
2004 No. 325 25 Nov 2004 25 Nov 2004 —
2005 No. 50 29 Mar 2005 (see
F2005L00761)
3 Apr 2005 —
2006 No. 355 15 Dec 2006 (see
F2006L03971)
1 Mar 2007 —
2007 No. 40 23 Mar 2007 (see
F2007L00650)
rr. 1–10 and
Schedules 1–3, 5 and 6:
27 Mar 2007
Schedules 4 and 8: 1
Apr 2007 (see r. 2 (b))
Schedule 7: 27 Mar
2007 (see r. 2 (c))
—
2008 No. 279 19 Dec 2008 (see
F2008L04588)
1 Jan 2009 —
2009 No. 150 26 June 2009 (see
F2009L02472)
1 July 2009 —
2009 No. 332 27 Nov 2009 (see
F2009L04297)
12 Dec 2009 —
2011 No. 62 16 May 2011 (see
F2011L00773)
1 July 2011 —
2011 No. 217 29 Nov 2011 (see
F2011L02480)
Schedule 1 (Part 1): 27
Dec 2011
—
2012 No. 66 14 May 2012 (see
F2011L01031)
Schedule 3 (Parts 1–3):
1 July 2012
Schedule 3 (Part 4): 1
Oct 2012
s. 5
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Endnotes
Endnote 3—Legislation history
70 Designs Regulations 2004
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
Number and year Gazettal or FRLI
registration
Commencement Application, saving
and transitional
provisions
31, 2013 18 Mar 2013
(F2013L00479)
Sch 3 (items 31, 32),
Sch 6 (items 1–4) and
Sch 7 (items 5, 6): 15
Apr 2013 (s 2)
—
88, 2015 19 June 2015
(F2015L00852)
Sch 3 (items 1, 2) and
Sch 5 (items 1, 2):
20 June 2015 (s 2(1)
items 4, 6)
—
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Endnotes
Endnote 4—Amendment history
Designs Regulations 2004 71
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
Endnote 4—Amendment history
Provision affected How affected
Chapter 1
r. 1.04.............................................am. 2004 No. 325; 2012 No. 66
r. 1.05.............................................rs. No. 31, 2013
r 1.06..............................................ad No 88, 2015
Chapter 3
Part 3.2
Note to r. 3.04(1) ...........................ad. 2004 No. 325
Note to r. 3.08 ................................ad. 2004 No. 325
Part 3.4
r. 3.14.............................................am. 2004 No. 325
Note to r. 3.14(1) ...........................ad. 2004 No. 325
Chapter 4
Part 4.2
r. 4.01.............................................am. 2004 No. 325
Part 4.3
Note to r. 4.04(1) ...........................ad. 2004 No. 325
Note to r. 4.05(1) ...........................ad. 2004 No. 325
Note to r. 4.08(1) ...........................rep. 2004 No. 325
Notes 1 and 2 to r. 4.08(1) .............ad. 2004 No. 325
Note to r. 4.08(2) ...........................rep. 2004 No. 325
Notes 1 and 2 to r. 4.08(2) .............ad. 2004 No. 325
Chapter 5
r. 5.04.............................................am. No. 31, 2013
r 5.08..............................................am No 88, 2015
Chapter 9
r. 9.05.............................................am. No. 31, 2013
Chapter 11
Part 11.2
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Endnotes
Endnote 4—Amendment history
72 Designs Regulations 2004
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
Provision affected How affected
r. 11.01...........................................am. 2012 No. 66
r. 11.01A........................................ad. 2012 No. 66
r. 11.09...........................................am. 2004 No. 325
Part 11.5
r. 11.13...........................................am. No. 31, 2013; No 88, 2015
Part 11.6
r. 11.17...........................................rep. 2009 No. 332
r. 11.19...........................................am. 2011 No. 62
r. 11.22...........................................rs. No. 31, 2013
r. 11.23...........................................rs. No. 31, 2013
r. 11.26...........................................am. 2009 No. 150
rs. 2012 No. 66
r. 11.32...........................................ad. 2007 No. 40
r. 11.33...........................................ad. 2007 No. 40
am. 2011 No. 62
Note to r. 11.33(2)..........................am. 2011 No. 217
r. 11.34...........................................ad. 2007 No. 40
Chapter 12
Part 1
Heading to Part 1 of .......................
Chapt. 12
ad. No. 31, 2013
r. 12.03...........................................ad. 2004 No. 325
r. 12.04...........................................ad. 2004 No. 325
Part 2
Part 2 of Chapt. 12 .........................ad. No. 31, 2013
r. 12.05...........................................ad. No. 31, 2013
Schedule 1......................................am. 2005 No. 50; 2007 No. 40; 2008 No. 279; 2012 No. 66
rep. No. 31, 2013
Schedule 3
Part 1
Part 1..............................................rs. 2006 No. 355
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Endnotes
Endnote 4—Amendment history
Designs Regulations 2004 73
Compilation No. 13 Compilation date: 20/6/15 Registered: 22/6/15
Provision affected How affected
Part 2
Part 2..............................................am. 2006 No. 355
Schedule 4
Schedule 4......................................am. 2004 No. 325; 2006 No. 355
rs. 2012 No. 66
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