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DESIGNS ACT 2003 !!!The following amendment (No. 106, 2006) has not been incorporated. - List of Sections

Section

Long Title

Making Information

DESIGNS ACT 2003
Chapter 1—Introductory

DESIGNS ACT 2003
Part 1—Preliminary

1. Short title
2. Commencement
3. Crown to be bound
4. Application of the Act
DESIGNS ACT 2003
Part 2—Interpretation

5. Definitions
6. Definition of product
7. Definition of visual feature
8. References in this Act to a design
DESIGNS ACT 2003
Chapter 2—Design rights, ownership and registrable designs

DESIGNS ACT 2003
Part 1—Simplified outline of Chapter 2

9. Simplified outline
DESIGNS ACT 2003
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
DESIGNS ACT 2003
Part 3—Ownership of designs

13. Who is entitled to be registered as the registered owner of a design
14. Ownership of registered designs
DESIGNS ACT 2003
Part 4—Registrable designs: Validity

DESIGNS ACT 2003
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
DESIGNS ACT 2003
Division 2—Substantial similarity in overall impression


19. Factors to be considered in assessing substantial similarity in overall impression
DESIGNS ACT 2003
Chapter 3—Design applications

DESIGNS ACT 2003
Part 1—Simplified outline of Chapter 3

20. Simplified outline
DESIGNS ACT 2003
Part 2—Design applications

DESIGNS ACT 2003
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
DESIGNS ACT 2003
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
DESIGNS ACT 2003
Division 3—Filing date and priority date


26. Filing date
27. Priority date
DESIGNS ACT 2003
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
DESIGNS ACT 2003
Part 4—Lapsing of design applications

33. Lapsing of design applications
DESIGNS ACT 2003
Chapter 4—Registration or publication of designs

DESIGNS ACT 2003
Part 1—Simplified outline of Chapter 4

34. Simplified outline
DESIGNS ACT 2003
Part 2—Requests for registration or publication

35. Request for registration or publication
36. Request for registration or publication—applications in respect of more than one design
37. Request in respect of designs excluded from an application in respect of more than one design
38. Replacement of request for registration with request for publication
DESIGNS ACT 2003
Part 3—Registration

DESIGNS ACT 2003
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 gives notice under section 41
43. Registrar must refuse to register certain designs
44. Registrar must register certain designs after refusal
DESIGNS ACT 2003
Division 2—Registration procedures


45. Registrar must notify applicant of registration and give public notice
DESIGNS ACT 2003
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
DESIGNS ACT 2003
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
DESIGNS ACT 2003
Part 4—Publication

57. Publication of a design
58. What happens after Registrar gives notice under section 57
59. Refusal to publish
DESIGNS ACT 2003
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
DESIGNS ACT 2003
Chapter 5—Examination of designs

DESIGNS ACT 2003
Part 1—Simplified outline of Chapter 5

62. Simplified outline
DESIGNS ACT 2003
Part 2—Requests for examination

63. Examination of design
64. Requirements for request for examination of design
DESIGNS ACT 2003
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
DESIGNS ACT 2003
Part 4—Material may be provided to Registrar

69. Certain material may be provided to Registrar
DESIGNS ACT 2003
Chapter 6—Infringement

DESIGNS ACT 2003
Part 1—Simplified outline of Chapter 6

70. Simplified outline
DESIGNS ACT 2003
Part 2—Infringement of registered design

71. Infringement of design
72. Certain repairs do not infringe registered design
73. Infringement proceedings
74. Counter-claims
75. Remedies for infringement
76. Intervention by Registrar
DESIGNS ACT 2003
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
DESIGNS ACT 2003
Chapter 7—Jurisdiction and powers of courts

DESIGNS ACT 2003
Part 1—Simplified outline of Chapter 7

82. Simplified outline
DESIGNS ACT 2003
Part 2—Jurisdiction

83. Jurisdiction of Federal Court
84. Jurisdiction of other prescribed courts
85. Exercise of jurisdiction
86. Transfer of proceedings etc.
87. Appeals
88. Powers of Federal Court on hearing an appeal
89. Registrar may appear in appeals
DESIGNS ACT 2003
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
DESIGNS ACT 2003
Part 4—Revocation of registration by court in other
circumstances

93. Revocation of registration in other circumstances
DESIGNS ACT 2003
Chapter 8—The Crown

DESIGNS ACT 2003
Part 1—Simplified outline of Chapter 8

94. Simplified outline
DESIGNS ACT 2003
Part 2—Use by the Crown

95. Meaning of terms
96. Use of design by the Commonwealth or a State
97. Applicants, entitled persons and registered owners to be informed of use
98. Terms of use
99. Previous agreements inoperative
100. Infringement
101. Declaration by court
102. Use of design to cease under court order
103. Sale of products
104. Forfeited products
105. Supply of products by the Commonwealth to foreign countries
DESIGNS ACT 2003
Part 3—Acquisition by and assignments to the Crown

106. Acquisition of design by the Commonwealth
107. Assignment of design to the Commonwealth
DESIGNS ACT 2003
Part 4—Prohibition orders

108. Prohibition of publication of information about designs
109. Publication of information about designs
DESIGNS ACT 2003
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
DESIGNS ACT 2003
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
DESIGNS ACT 2003
Chapter 11—Miscellaneous

DESIGNS ACT 2003
Part 1—Simplified outline of Chapter 11

129. Simplified outline
DESIGNS ACT 2003
Part 2—Fees

130. Fees
DESIGNS ACT 2003
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
DESIGNS ACT 2003
Part 4—Review of the Registrar's decisions

136. Review by Administrative Appeals Tribunal
DESIGNS ACT 2003
Part 5—Extensions of time

137. Extensions of time
138. Consequences of extension
139. Protection of third parties
140. Infringement proceedings
DESIGNS ACT 2003
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
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
DESIGNS ACT 2003
Chapter 12—Repeal, transitional and saving provisions

DESIGNS ACT 2003
Part 1—Repeal of Designs Act 1906

150. Repeal
DESIGNS ACT 2003
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
Note

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