Designs Act 2003 (Cth)

Designs Act 2003

No. 147, 2003

Compilation No. 25

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Designs Act 2003 that shows the text of the law as amended and in force on 14 October 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Chapter 1—Introductory Part 1—Preliminary 1 Short title 2 Commencement 3 Crown to be bound 4 Application of the Act Part 2—Interpretation 5 Definitions 5A Meaning of Convention country 5B Definition of exclusive licensee 6 Definition of product 7 Definition of visual feature 8 References in this Act to a design Chapter 2—Design rights, ownership and registrable designs Part 1—Simplified outline of Chapter 2 9 Simplified outline Part 2—Design rights 10 Exclusive rights of registered owners 11 Assignment of interest in a design 12 Power of registered owner to deal with registered design Part 3—Ownership of designs 13 Who is entitled to be registered as the registered owner of a design 14 Ownership of registered designs Part 4—Registrable designs: Validity Division 1—Registrable designs 15 Registrable designs 16 Designs that are identical or substantially similar in overall impression 17 Certain things to be disregarded in deciding whether a design is new and distinctive 18 Certain designs not to be treated as other than new and distinctive Division 2—Substantial similarity in overall impression 19 Factors to be considered in assessing substantial similarity in overall impression Chapter 3—Design applications Part 1—Simplified outline of Chapter 3 20 Simplified outline Part 2—Design applications Division 1—Applications 21 Person may file a design application 22 A design application may be in respect of more than one design 23 Design applications covering excluded designs Division 2—How Registrar must deal with a design application 24 Design applications that meet the minimum filing requirements 25 Publication of receipt of application Division 3—Filing date and priority date 26 Filing date 27 Priority date Part 3—Amendment or withdrawal of design applications 28 Amendment of design applications 29 Disputes between applicants 30 Persons may ask for design application to proceed in the person's name 31 Publication of certain details of amended application 32 Withdrawal of designs and design applications Part 4—Lapsing of design applications 33 Lapsing of design applications Chapter 4—Registration of designs Part 1—Simplified outline of Chapter 4 34 Simplified outline Part 2—Requests for registration 35 Request for registration 36 Request in respect of designs excluded from an application in respect of more than one design Part 3—Registration Division 1—Formalities check 39 Formalities check—applications in respect of one design only 40 Formalities check—applications in respect of more than one design 41 Registrar must give applicants an opportunity to correct deficiencies 42 What happens after Registrar's notification under section 41 43 Registrar must refuse to register certain designs 44 Registrar must register certain designs after refusal Division 2—Registration procedures 45 Registrar must notify applicant of registration and give public notice Division 3—Term of registration 46 Term of registration 47 Renewal of registration 48 Ceasing of registration 49 Surrender of registration 50 Revocation of registration on surrender Division 4—Revocation on grounds relating to entitled persons 51 Revocation of registration on grounds relating to entitled persons 52 Procedures in relation to application 53 Applications by persons declared to be entitled persons in court proceedings 54 Applications by entitled persons after revocation following surrender of registration 55 Priority date of design if an application filed by a person declared to be an entitled person 56 Meaning of original registered owner Part 5—Certain documents to be available for public inspection 60 Design applications for registered designs and associated documents to be open for public inspection 61 Certain documents not to be published Chapter 5—Examination of designs Part 1—Simplified outline of Chapter 5 62 Simplified outline Part 2—Requests for examination 63 Examination of design 64 Requirements for request for examination of design Part 3—Examination 65 What Registrar must do in examining a design 66 Amendment of registration 67 Certificate of examination where registration valid 68 Revocation of registration after examination Part 4—Material may be provided to Registrar 69 Certain material may be provided to Registrar Chapter 6—Infringement Part 1—Simplified outline of Chapter 6 70 Simplified outline Part 2—Infringement of registered design 71 Infringement of design 71A Infringement exemption—prior use 72 Infringement exemption—repairs 73 Infringement proceedings 74 Counter‑claims 75 Remedies for infringement 76 Intervention by Registrar Part 3—Relief from unjustified threats 77 Application for relief from unjustified threats 78 Court's power to grant relief 79 Counter‑claim 80 Mere notification of registration not a threat 81 Legal practitioners, registered patent attorneys and registered trade marks attorneys Chapter 7—Jurisdiction and powers of courts Part 1—Simplified outline of Chapter 7 82 Simplified outline Part 2—Jurisdiction 83 Jurisdiction of Federal Court 83A Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) 84 Jurisdiction of other prescribed courts 85 Exercise of jurisdiction 86 Transfer of proceedings etc. 87 Appeals 88 Powers of Federal Court and Federal Circuit and Family Court of Australia (Division 2) on hearing an appeal 89 Registrar may appear in appeals Part 3—Compulsory licences and revocation of registration 90 Person may apply to court for compulsory licence 91 Terms of compulsory licence 92 Revocation of registration after grant of compulsory licence Part 4—Revocation of registration by court in other circumstances 93 Revocation of registration in other circumstances Chapter 8—The Crown Part 1—Simplified outline of Chapter 8 94 Simplified outline Part 2—Use by the Crown 95 Meaning of terms 96 Crown use of designs—general rule 96A Crown use of designs—emergencies 97 Applicants, entitled persons and registered owners to be informed of use 98 Crown use of designs—terms (including remuneration) 99 Certain agreement and licences inoperative unless approved by relevant Minister 102 Crown use of designs—court order to cease 103 Sale of products 104 Forfeited products 105 Supply of products by the Commonwealth to foreign countries Part 3—Acquisition by and assignments to the Crown 106 Acquisition of design by the Commonwealth 107 Assignment of design to the Commonwealth Part 4—Prohibition orders 108 Prohibition of publication of information about designs 109 Publication of information about designs Chapter 9—The Register 110 Simplified outline 111 Registrar must keep Register 112 Register may be kept by computer 113 Inspection of Register 114 Amendments of Register to record changes of ownership 115 Amendments of Register made to give effect to certain decisions 116 Reissue of certificates 117 Trusts not to be entered in Register 118 Evidentiary provision 119 Admissibility of unregistered interests 120 Rectification of Register Chapter 10—Administration 121 Simplified outline 122 Registrar 123 Deputy Registrars 124 Delegation by Registrar 125 Designs Office 126 Seal of Designs Office 127 Registrar's Powers 128 Recovery of costs Chapter 11—Miscellaneous Part 1—Simplified outline of Chapter 11 129 Simplified outline Part 2—Fees 130 Fees 130A Approved means of paying a fee Part 3—Offences 131 False entries in Register 132 False representation that a design is registered 133 False representations about the Designs Office 134 Failure to comply with requirements of Registrar 135 Officers not to traffic etc. in designs Part 3A—Computerised decision‑making 135A Computerised decision‑making Part 4—Review of the Registrar's decisions 136 Review by Administrative Review Tribunal Part 4A—Doing act after end of period otherwise provided for doing it 136A Doing act when Designs Office reopens after end of period otherwise provided for doing act Part 5—Extensions of time 137 Extensions of time 138 Consequences of extension 139 Protection of third parties 140 Infringement proceedings Part 6—Other 141 Powers of agents 142 Right of lien of registered patent attorney and registered trade marks attorney 143 Revocation of registration does not affect court decisions and things done under contracts before revocation 144 Filing of documents 144A Approved means of filing documents 144B Directions by Registrar for filing of documents 144C Directions by Registrar for filing of evidence 144D Notifications by Registrar under this Act or regulations 145 Service of documents 146 Death of applicant before application determined 147 Death of person after design registered 148 Exercise of discretionary power by Registrar 149 Regulations 149A Instrument determining formal requirements for design applications etc. Chapter 12—Repeal, transitional and saving provisions Part 1—Repeal of Designs Act 1906 150 Repeal Part 2—Transitional and saving provisions 151 Application of this Act to certain designs 152 Term of registration of certain designs 153 Applications made before commencing day 154 Other applications and proceedings 155 Pending proceedings 156 Infringement under old Act 157 Registrar and Deputy Registrar 158 The Register 159 Conversion of transitional applications 160 Effect of a converted application 160A Approvals under subsection 40A(6) of old Act 161 Definitions Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history