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Designs Regulations 2004 (consolidated as of October 1, 2020), Australia

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Latest Version in WIPO Lex
Details Details Year of Version 2020 Dates Consolidated: October 1, 2020 Commenced: June 17, 2004 Issued: June 10, 2004 Type of Text Implementing Rules/Regulations Subject Matter Industrial Designs Subject Matter (secondary) Enforcement of IP and Related Laws, IP Regulatory Body Notes This consolidated version of October 1, 2020 of the Designs Regulations 2004 (Statutory Rules No. 117 of 2004) takes into account amendments up to the Intellectual Property Laws Amendment (Fee Amounts and Other Measures) Regulations 2020, which entered into force on October 1, 2020. Items 1 to 8 under Part 1, Schedule 1 of the said amending Regulations introduced amendments to Schedule 4 of this consolidated version, relating to changes to design fees, which entered into force on October 1, 2020.

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Main text(s) Main text(s) English Designs Regulations 2004 (consolidated as of October 1, 2020)        

Prepared by the Office of Parliamentary Counsel, Canberra

Designs Regulations 2004

Statutory Rules No. 117, 2004

made under the

Designs Act 2003

Compilation No. 19

Compilation date: 1 October 2020

Includes amendments up to: F2020L00997

Registered: 12 October 2020

Authorised Version F2020C00913 registered 12/10/2020

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 1 October 2020 (the compilation date).

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 the Legislation Register (www.legislation.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 the Legislation Register 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.

Editorial changes

For more information about any editorial changes made in this compilation, see

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 the Legislation

Register 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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Designs Regulations 2004 i

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

Contents

Chapter 1—Introductory 1 1.01 Name of Regulations ........................................................ 1

1.04 Interpretation .................................................................... 1

1.05 Convention country .......................................................... 1

1.06 Giving of documents by Registrar .................................... 2

Chapter 2—Design rights, ownership and registrable

designs 3 2.01 Certain things to be disregarded in deciding

whether a design is new and distinctive ............................ 3

Chapter 3—Design applications 4

Part 3.2—Applications 4 3.01 Minimum filing requirements ........................................... 4

3.02 Applications covering excluded designs ........................... 4

3.04 Publication of receipt of application ................................. 4

3.05 Filing date ......................................................................... 5

3.06 Priority date—designs disclosed in basic

applications....................................................................... 5

3.07 Certain basic applications to be disregarded ..................... 6

3.08 Priority date—excluded designs ....................................... 6

Part 3.3—Amendment or withdrawal of applications 7 3.09 Request for amendment of application ............................. 7

3.10 Disputes between applicants—requests for

determinations .................................................................. 7

3.11 Requests for direction specifying persons as

applicants or entitled persons............................................ 7

3.12 Publication of certain details of amended

applications....................................................................... 7

3.13 Withdrawal of designs and design applications ................ 7

Part 3.4—Lapsing of applications 9 3.14 Period within which application lapses............................. 9

3.15 Form of notice .................................................................. 9

Chapter 4—Registration or publication of designs 10

Part 4.2—Requests for registration or publication 10 4.01 Requests for registration or publication .......................... 10

4.02 Subsequent requests for registration—applications

in respect of more than 1 design ..................................... 10

4.03 Period within which replacements of request may

be made........................................................................... 10

Part 4.3—Registration 11 4.04 Formalities check—applications in respect of 1

design only...................................................................... 11

4.05 Formalities check—applications in respect of more

than 1 design................................................................... 11

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4.06 Registrar must refuse to register certain designs............. 12

4.07 Period within which Registrar must register certain

designs after refusal ........................................................ 13

4.08 Certificate of registration and notice of registration ....... 13

4.09 Renewal of registration ................................................... 14

4.10 Surrender of registration ................................................. 14

4.11 Revocation of registration on surrender .......................... 14

4.12 Revocation of registration on grounds relating to

entitled persons ............................................................... 15

4.13 Notice of revocation of registration ................................ 15

4.14 Applications by entitled persons after revocation

following surrender of registration ................................. 15

Part 4.4—Publication 16 4.15 Publication of a design.................................................... 16

Chapter 5—Examination of designs 17 5.01 Requirements for request for examination of

design.............................................................................. 17

5.02 Grounds for revocation of registration of design ............ 17

5.03 Examination of design—procedures ............................... 17

5.04 Period in which examination of a design must be

completed........................................................................ 18

5.05 Amendment of registration ............................................. 19

5.06 Certificate of examination and notice of

examination .................................................................... 19

5.07 Revocation of registration after examination .................. 20

5.08 Material provided to Registrar ........................................ 20

Chapter 7—Jurisdiction and powers of courts 21 7.01 Application to court for compulsory licence................... 21

7.02 Revocation of registration after grant of

compulsory licence ......................................................... 21

Chapter 8—The Crown 22 8.01 Acquisition of design by the Commonwealth ................. 22

8.02 Period within which designs must be registered or

published after prohibition.............................................. 22

Chapter 9—The Register 23 9.01 Other particulars to be entered in the Register ................ 23

9.02 Inspection of Register ..................................................... 23

9.03 Amendments of Register to record changes of

ownership........................................................................ 23

9.04 Notice specifying amendments to Register ..................... 23

9.05 Correction of Register..................................................... 23

Chapter 10—Administration 25 10.01 Delegation by Registrar .................................................. 25

10.02 Costs (Act s 127) ............................................................ 25

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Chapter 11—Miscellaneous 27

Part 11.2—Fees 27 11.01 Fees payable ................................................................... 27

11.02 Failure to pay—fee for filing a design application.......... 27

11.03 Failure to pay—fee for filing a request for

registration covering a further design ............................. 28

11.04 Failure to pay—fee payable by the registered

owner for filing a request for examination...................... 28

11.05 Failure to pay—fee payable by the registered

owner in relation to a request for examination filed

by another person............................................................ 28

11.06 Failure to pay—certain other fees for filing.................... 28

11.07 Failure to pay—fee for requesting a hearing................... 29

11.08 Failure to pay—fee for appearing at a hearing................ 29

11.09 Failure to pay—fees for requesting supply of

documents by the Registrar............................................. 29

11.09A Failure to pay—fees for requesting expedited

dispatch........................................................................... 29

11.10 Consequences if Registrar does not invite payment........ 30

11.11 Exemption from fees (Act s 149).................................... 30

11.12 Recovery of fees ............................................................. 30

Part 11.5—Extensions of time 31 11.13 Extensions of time for doing a relevant act..................... 31

11.14 Consequence of extension—notice of restoration........... 31

Part 11.6—Other 32 11.15 Agents (Act s 141) .......................................................... 32

11.16 Right of lien of registered patent attorneys (Act s

142)................................................................................. 32

11.18 Documents to be in English ............................................ 32

11.18A Publications relating to filing of documents or

evidence.......................................................................... 32

11.19 Service of documents...................................................... 32

11.21 Death of applicant or registered owner (Act s 146,

s 147) .............................................................................. 33

11.22 Exercise of discretionary powers by Registrar................ 33

11.23 Written submissions and oral hearings ........................... 34

11.24 Practice and procedure in relation to applications,

oppositions and other matters ......................................... 34

11.25 Giving of oral evidence................................................... 35

11.26 Declarations .................................................................... 35

11.27 Non compliance in relation to documents other

than design applications.................................................. 35

11.27A Consequences for evidence not meeting filing

requirements ................................................................... 36

11.28 Directions for actions not otherwise prescribed .............. 36

11.29 Acting for persons unable to act ..................................... 36

11.30 Requirements that cannot be complied with for

reasonable causes............................................................ 36

11.31 Review of decisions ........................................................ 37

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11.32 Period for doing certain acts—office not open for

business........................................................................... 37

11.33 Days when office not open for business ......................... 37

11.34 Period for doing certain acts—acts to which

section 136A does not apply ........................................... 38

Chapter 12—Application, saving and transitional

provisions 39

Part 1—General 39 12.01 Conversion of transitional applications........................... 39

12.02 Former Designs Regulations—transitional ..................... 39

12.03 Designs excluded from transitional applications

that are not converted applications.................................. 39

12.04 Protection and compensation provisions—

transitional ...................................................................... 40

Part 2—Amendments made by particular instruments 41 12.05 Amendments made by the Intellectual Property

Legislation Amendment (Raising the Bar)

Regulation 2013 (No. 1).................................................. 41

Part 3—Amendments made by the Intellectual Property Laws

Amendment (Productivity Commission Response

Part 1 and Other Measures) Regulations 2018 42 12.06 Amendments made by Part 2 of Schedule 2 ................... 42

12.07 Amendments made by Part 3 of Schedule 2 ................... 42

12.08 Amendments made by Part 9 of Schedule 2 ................... 43

Schedule 2—Formal requirements 44 1 Fitness for reproduction .................................................. 44

2 Separate sheets................................................................ 44

3 Margins........................................................................... 44

4 Textual matter ................................................................. 44

5 Additional requirements for representations ................... 45

6 Photographs and digital images ...................................... 46

7 Electronic documents...................................................... 46

8 Scandalous matter ........................................................... 46

Schedule 3—Costs 47

Part 1—Costs 47

Part 2—Expenses and allowances 48

Division 1—Expenses 48

Division 2—Allowances 48

Schedule 4—Fees 49 1 Table of fees ................................................................... 49

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Endnotes 51

Endnote 1—About the endnotes 51

Endnote 2—Abbreviation key 52

Endnote 3—Legislation history 53

Endnote 4—Amendment history 55

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Introductory Chapter 1

Regulation 1.01

Designs Regulations 2004 1

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Chapter 1—Introductory

1.01 Name of Regulations

These Regulations are the Designs Regulations 2004.

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.

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.

expedited dispatch means a means of supplying documents that can reasonably

be expected usually to be faster than ordinary post.

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

(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:

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Regulation 1.06

2 Designs Regulations 2004

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(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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Design rights, ownership and registrable designs Chapter 2

Regulation 2.01

Designs Regulations 2004 3

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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;

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

Regulation 3.01

4 Designs Regulations 2004

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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.

3.04 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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Design applications Chapter 3

Applications Part 3.2

Regulation 3.05

Designs Regulations 2004 5

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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.

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

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Part 3.2 Applications

Regulation 3.07

6 Designs Regulations 2004

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(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:

(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

Regulation 3.09

Designs Regulations 2004 7

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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:

(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:

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Part 3.3 Amendment or withdrawal of applications

Regulation 3.13

8 Designs Regulations 2004

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(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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Design applications Chapter 3

Lapsing of applications Part 3.4

Regulation 3.14

Designs Regulations 2004 9

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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 notification 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 notification 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

Regulation 4.01

10 Designs Regulations 2004

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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:

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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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 at least one 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.

(2) If the Registrar is not satisfied with the matter mentioned in paragraph (1)(e), the

Registrar may, in giving a notification 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

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(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 at least one representation of each design

disclosed in the application; and

(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 notification 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

(iii) a public authority or public institution in Australia;

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(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:

(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;

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(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

(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.

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(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.

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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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

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 notify 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 notification given under subsection 66(2) of

the Act (including a further notification mentioned in subregulation (6)) by:

(a) contesting, in writing, the ground for revocation; or

(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;

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the Registrar must:

(c) give a further notification 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 notification 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 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 give a copy of the notification given under

subsection 66(2) of the Act (including a further notification 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 notification 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

notification;

(b) if:

(i) a person provides material under section 69 of the Act; and

(ii) the Registrar gives the registered owner a notification 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 notification under subsection 66(2)

of the Act in relation to the examination;

(iv) 3 months after the date of the notification 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

(ii) if a hearing described in section 67 or 68 of the Act is requested; or

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(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

(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:

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(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.

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.

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

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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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

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 notification 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.

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.

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(3) If the Registrar proposes to amend an entry in the Register, the Registrar may

notify 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

10.01 Delegation by Registrar

(1) 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.

(2) The Registrar may delegate all or any of the Registrar’s powers or functions

under paragraph 127(1)(a) or (c) of the Act to an employee of the Designs Office

who holds or performs the duties of an Executive Level 1 position, or an

equivalent or higher position.

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.

(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 notification to the party that the

proceedings have been discontinued.

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(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

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.

Publication

(6) For the purposes of subsection 130A(3) of the Act, the Registrar must publish the

notice in the Official Journal.

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

(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.

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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 notification 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.

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 or 9 in Schedule 4;

is not paid on the day when it is payable; and

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(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:

(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 or 14 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.

11.09A Failure to pay—fees for requesting expedited dispatch

(1) This regulation applies if a request for the supply of documents is filed as

mentioned in item 13 or 14 of the table in clause 1 of Schedule 4.

(2) The Registrar must not supply the documents by means of expedited dispatch

unless:

(a) a request that the supply be by means of expedited dispatch is filed; and

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(b) the fee mentioned in item 15 of that table for filing the request for

expedited dispatch is paid.

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 or 9 in Schedule 4 is not paid

when it is payable; and

(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.

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.

(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.

11.18A Publications relating to filing of documents or evidence

For the purposes of subsections 144A(3), 144B(3) and 144C(5) of the Act, the

Registrar must publish the notice in the Official Journal.

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:

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(a) an address in Australia or New Zealand 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) an 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; or

(c) an address in New Zealand to which it is practicable and reasonable for a

person providing mail delivery services 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), (b) or (c).

(5) Service by post is a prescribed means by which a document may be served on, or

given or sent to, a person for the purposes of subsection 145(1) of the Act.

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

(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).

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(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 notify 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.

(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.

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11.25 Giving of oral evidence

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.

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 and must be in the form (if any) specified in a direction under

section 144B of the Act.

(3) If a document does not comply with subregulation (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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11.27A Consequences for evidence not meeting filing requirements

(1) If, in relation to evidence received at the Designs Office, a person does not

comply with a direction under section 144C of the Act, the Registrar may treat

the evidence:

(a) as not having been filed and notify the person, including in the notification

a statement indicating how the direction has not been complied with; or

(b) as having been filed, but direct the person to do such things as are

necessary to ensure that the direction is complied with.

(2) If the Registrar gives a direction under paragraph (1)(b) and the person does not

comply with the direction within the period specified in the direction, the

Registrar may treat the evidence as not having been filed.

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, by notification to the person, direct 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:

‘(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.

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(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.

(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—Application, saving and transitional

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 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

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(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:

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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Part 3—Amendments made by the Intellectual Property

Laws Amendment (Productivity Commission

Response Part 1 and Other Measures)

Regulations 2018

12.06 Amendments made by Part 2 of Schedule 2

(1) The amendments of regulations 3.14, 4.04, 4.05, 5.03, 5.04, 9.03, 9.05, 10.02,

11.03, 11.23 and 11.28 made by Part 2 of Schedule 2 to the Intellectual Property

Laws Amendment (Productivity Commission Response Part 1 and Other

Measures) Regulations 2018 apply in relation to notifications occurring on or

after the commencement of that Part.

(2) Chapter 5, as in force immediately before the commencement of Part 2 of

Schedule 2 to the Intellectual Property Laws Amendment (Productivity

Commission Response Part 1 and Other Measures) Regulations 2018, continues

to apply on and after that commencement in relation to a notice given under

subsection 66(2) of the Act before that commencement.

(3) Regulation 10.02, as in force immediately before the commencement of Part 2 of

Schedule 2 to the Intellectual Property Laws Amendment (Productivity

Commission Response Part 1 and Other Measures) Regulations 2018, continues

to apply on and after that commencement in relation to a notice mentioned in

subparagraph 10.02(2)(b)(ii) given before that commencement.

(4) Regulation 11.03, as in force immediately before the commencement of Part 2 of

Schedule 2 to the Intellectual Property Laws Amendment (Productivity

Commission Response Part 1 and Other Measures) Regulations 2018, continues

to apply on and after that commencement in relation to a notice given under

section 41 of the Act before that commencement.

12.07 Amendments made by Part 3 of Schedule 2

(1) The amendments of regulation 5.08 made by Part 3 of Schedule 2 to the

Intellectual Property Laws Amendment (Productivity Commission Response

Part 1 and Other Measures) Regulations 2018 apply in relation to the provision

of material to the Registrar on or after the commencement of that Part.

(2) The repeal of regulation 11.01A, and the amendments of items 1, 2 and 5 of the

table in clause 1 of Schedule 4, made by Part 3 of Schedule 2 to the Intellectual

Property Laws Amendment (Productivity Commission Response Part 1 and

Other Measures) Regulations 2018 apply in relation to documents filed on or

after the commencement of that Part.

(3) The repeal of subregulation 11.25(1) made by Part 3 of Schedule 2 to the

Intellectual Property Laws Amendment (Productivity Commission Response

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Application, saving and transitional provisions Chapter 12

Amendments made by the Intellectual Property Laws Amendment (Productivity Commission Response

Part 1 and Other Measures) Regulations 2018 Part 3

Regulation 12.08

Designs Regulations 2004 43

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

Part 1 and Other Measures) Regulations 2018 applies in relation to evidence

given on or after the commencement of that Part.

(4) The amendment of subregulation 11.25(2) made by Part 3 of Schedule 2 to the

Intellectual Property Laws Amendment (Productivity Commission Response

Part 1 and Other Measures) Regulations 2018 does not affect the validity of any

requirement or permission given under that subregulation before the

commencement of that Part.

(5) The amendments of regulation 11.27 made by Part 3 of Schedule 2 to the

Intellectual Property Laws Amendment (Productivity Commission Response

Part 1 and Other Measures) Regulations 2018 apply in relation to documents

filed on or after the commencement of that Part.

(6) Regulation 11.27A, as inserted by Part 3 of Schedule 2 to the Intellectual

Property Laws Amendment (Productivity Commission Response Part 1 and

Other Measures) Regulations 2018, applies in relation to evidence filed on or

after the commencement of that Part.

12.08 Amendments made by Part 9 of Schedule 2

The amendments of paragraphs 4.04(1)(f) and 4.05(1)(f) made by Part 9 of

Schedule 2 to the Intellectual Property Laws Amendment (Productivity

Commission Response Part 1 and Other Measures) Regulations 2018 apply in

relation to design applications filed on or after the commencement of that Part.

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Schedule 2 Formal requirements

Clause 1

44 Designs Regulations 2004

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

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.

(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:

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Formal requirements Schedule 2

Clause 5

Designs Regulations 2004 45

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

(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

(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.

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Schedule 2 Formal requirements

Clause 6

46 Designs Regulations 2004

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

(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.

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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Costs Schedule 3

Costs Part 1

Designs Regulations 2004 47

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

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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Schedule 3 Costs

Part 2 Expenses and allowances

48 Designs Regulations 2004

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

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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Fees Schedule 4

Clause 1

Designs Regulations 2004 49

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

Schedule 4—Fees Note: See regulation 11.01.

1 Table of fees

The following table sets out fees that are payable in relation to matters specified

in the table.

Item Matter Fee

1 Filing a design application:

(a) in respect of one design as mentioned in

paragraph 22(1)(a) or (b) of the Act:

(i) by preferred means; $250

(ii) by another means; $450

(b) in respect of more than one design as

mentioned in paragraph 22(1)(c) or (d) of the

Act:

(i) by preferred means; The sum of:

(a) $250; and

(b) $200 for each design, other than the

first one, identified by the applicant

as being a separate design disclosed

in the application

(ii) by another means The sum of:

(a) $450; and

(b) $400 for each design, other than the

first one, 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 preferred means; $250 for each further design covered by

the request

(b) by another means $450 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 preferred means $400

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Schedule 4 Fees

Clause 1

50 Designs Regulations 2004

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

Item Matter Fee

(b) by another means $450

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)

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 $600

11 Filing a request for a hearing $600

12 Appearing at a hearing $600 for each day, or part of a day, less

any amount paid under item 11 in

relation to the hearing

13 Filing a request for the supply, by the Registrar, of

not more than 3 documents relating to a single

design application or a single design number

$50 for each document

14 Filing a request for the supply, by the Registrar, of

4 or more documents relating to a single design

application or a single design number

$200 for each request

15 If a request for the supply of documents is filed as

mentioned in item 13 or 14—filing a request that

the supply be by means of expedited dispatch

$20 for each request for the supply of

documents

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Endnotes

Endnote 1—About the endnotes

Designs Regulations 2004 51

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

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

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and

presentational changes to a compiled law in preparing a compilation of the law for

registration. The changes must not change the effect of the law. Editorial changes take effect

from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the

changes in general terms. Full details of any changes can be obtained from the Office of

Parliamentary Counsel.

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 abbreviation “(md not

incorp)” is added to the details of the amendment included in the amendment history.

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Endnotes

Endnote 2—Abbreviation key

52 Designs Regulations 2004

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x /sub-subparagraph(s)

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

No. = Number(s) commenced or to be commenced

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Endnotes

Endnote 3—Legislation history

Designs Regulations 2004 53

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

Endnote 3—Legislation history

Number and year FRLI registration or

gazettal

Commencement Application, saving and

transitional provisions

117, 2004 11 June 2004 17 June 2004 (r 1.02)

325, 2004 25 Nov 2004 25 Nov 2004 (r 2) —

50, 2005 29 Mar 2005 (F2005L00761) 3 Apr 2005 (r 2) —

355, 2006 15 Dec 2006 (F2006L03971) Sch 1: 1 Mar 2007 (r 2) —

40, 2007 23 Mar 2007 (F2007L00650) Sch 1: 27 Mar 2007 (r 2(a)) —

279, 2008 19 Dec 2008 (F2008L04588) Sch 4: 1 Jan 2009 (r 2) —

150, 2009 26 June 2009 (F2009L02472) Sch 4: 1 July 2009 (r 2) —

332, 2009 27 Nov 2009 (F2009L04297) Sch 3: 12 Dec 2009 (r 2) —

62, 2011 16 May 2011 (F2011L00773) Sch 4: 1 July 2011 (r 2) —

217, 2011 29 Nov 2011 (F2011L02480) Sch 1 (item 1.1): 27 Dec

2011 (r 2(a))

66, 2012 14 May 2012 (F2011L01031) s 5(2) and Sch 3 (items 1–7):

1 July 2012 (s 2(a)(i), (iv)))

Sch 3 (item 8): 1 Oct 2012 (s

2(b))

s 5(2)

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)

Name Registration Commencement Application, saving and

transitional provisions

Intellectual Property

Legislation Amendment (Fee

Review) Regulation 2016

19 Aug 2016 (F2016L01306) Sch 1 (items 1–9): 10 Oct

2016 (s 2(1) item 1)

Intellectual Property

Legislation Amendment

(Single Economic Market

and Other Measures)

Regulation 2016

14 Nov 2016 (F2016L01754) Sch 3 (items 1–5): 24 Feb

2017 (s 2(1) item 2)

Intellectual Property Laws

Amendment (Productivity

Commission Response Part 1

and Other Measures)

Regulations 2018

16 Oct 2018 (F2018L01435) Sch 2 (items 15–33, 111–

123, 187, 188): 24 Feb 2019

(s 2(1) items 6, 7, 9)

Sch 2 (items 217, 218, 231,

232): 17 Oct 2018 (s 2(1)

items 11, 14)

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Endnotes

Endnote 3—Legislation history

54 Designs Regulations 2004

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

Name Registration Commencement Application, saving and

transitional provisions

Intellectual Property Laws

Amendment (PCT

Translations and Other

Measures) Regulations 2019

25 Mar 2019 (F2019L00376) Sch 2 (items 1, 2): 26 Mar

2019 (s 2(1) item 3)

Intellectual Property Laws

Amendment (Fee Amounts

and Other Measures)

Regulations 2020

7 Aug 2020 (F2020L00997) Sch 1 (items 1–8): 1 Oct

2020 (s 2(1) item 1)

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Endnotes

Endnote 4—Amendment history

Designs Regulations 2004 55

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

Endnote 4—Amendment history

Provision affected How affected

Chapter 1

r 1.02 ............................................. rep LA s 48D

r 1.03 ............................................. rep LA s 48C

r 1.04 ............................................. am No 325, 2004; No 66, 2012; F2018L01435; F2020L00997

r 1.05 ............................................. rs No 31, 2013

r 1.06 ............................................. ad No 88, 2015

Chapter 3

Part 3.2

r 3.03 ............................................. rep F2018L01435

r 3.04 ............................................. am No 325, 2004

r 3.08 ............................................. am No 325, 2004

Part 3.4

r 3.14 ............................................. am No 325, 2004; F2018L01435

Chapter 4

Part 4.2

r 4.01 ............................................. am No 325, 2004

Part 4.3

r 4.04 ............................................. am No 325, 2004; F2018L01435

r 4.05 ............................................. am No 325, 2004; F2018L01435

r 4.08 ............................................. am No 325, 2004

Chapter 5

r 5.03 ............................................. am F2018L01435

r 5.04 ............................................. am No 31, 2013; F2018L01435

r 5.08 ............................................. am No 88, 2015; F2018L01435

Chapter 9

r 9.03 ............................................. am F2018L01435

r 9.05 ............................................. am No 31, 2013; F2018L01435

Chapter 10

r 10.01 ........................................... am F2019L00376

r 10.02 ........................................... am F2018L01435

Chapter 11

Part 11.2

r 11.01 ........................................... am No 66, 2012; F2016L01306; F2018L01435

r 11.01A......................................... ad No 66, 2012

rep F2018L01435

r 11.03 ........................................... am F2018L01435

r 11.06 ........................................... am F2016L01306

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Endnotes

Endnote 4—Amendment history

56 Designs Regulations 2004

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

Provision affected How affected

r 11.09 ........................................... am No 325, 2004; F2016L01306

r 11.09A......................................... ad F2020L00997

r 11.10 ........................................... am F2016L01306

Part 11.5

r 11.13 ........................................... am No 31, 2013; No 88, 2015

Part 11.6

r 11.17 ........................................... rep No 332, 2009

r 11.18A......................................... ad F2018L01435

r 11.19 ........................................... am No 62, 2011; F2016L01754; F2018L01435

r 11.20 ........................................... rep F2018L01435

r 11.22 ........................................... rs No 31, 2013

r 11.23 ........................................... rs No 31, 2013

am F2018L01435

r 11.25 ........................................... am F2018L01435

r 11.26 ........................................... am No 150, 2009

rs No 66, 2012

r 11.27 ........................................... am F2018L01435

r 11.27A......................................... ad F2018L01435

r 11.28 ........................................... am F2018L01435

r 11.32 ........................................... ad No 40, 2007

r 11.33 ........................................... ad No 40, 2007

am No 62, 2011; No 217, 2011

r 11.34 ........................................... ad No 40, 2007

Chapter 12

Chapter 12 heading........................ rs F2018L01435

Part 1

Part 1 heading................................ ad No 31, 2013

r 12.03 ........................................... ad No 325, 2004

r 12.04 ........................................... ad No 325, 2004

Part 2

Part 2 ............................................. ad No 31, 2013

r 12.05 ........................................... ad No 31, 2013

Part 3

Part 3 ............................................. ad F2018L01435

r 12.06 ........................................... ad F2018L01435

r 12.07 ........................................... ad F2018L01435

r 12.08 ........................................... ad F2018L01435

Schedule 1 ..................................... am No 50, 2005; No 40, 2007; No 279, 2008; No 66, 2012

rep No 31, 2013

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Endnotes

Endnote 4—Amendment history

Designs Regulations 2004 57

Compilation No. 19 Compilation date: 01/10/2020 Registered: 12/10/2020

Provision affected How affected

Schedule 3

Part 1

Part 1 ............................................. rs No 355, 2006

Part 2

Part 2 ............................................. am No 355, 2006

Schedule 4

Schedule 4 heading........................ rs F2016L01306

Schedule 4 ..................................... am No 325, 2004; No 355, 2006

rs No 66, 2012

am F2016L01306; F2018L01435; F2020L00997

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Legislation Implements (1 text(s)) Implements (1 text(s)) Supersedes (7 text(s)) Supersedes (7 text(s)) Is amended by (11 text(s)) Is amended by (11 text(s))
Historical Versions Repeals (3 text(s)) Repeals (3 text(s))
No data available.

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