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Designs (Consequential Amendments) Bill 2003

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2002-2003

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Designs (Consequential Amendments) Bill 2002

 

 

(1)     Schedule 1, page 3 (after line 2), before item 1, insert:

Part 1 Amendments

[application provisions]

(2)     Schedule 1, page 3 (after line 22), after item 4, insert:

4A  Section 76

Repeal the section, substitute:

76   False registration of industrial designs under the Designs Act 2002

             (1)  This section applies if:

                     (a)  proceedings ( copyright proceedings ) are brought under this Act in relation to an artistic work in which copyright subsists; and

                     (b)  a corresponding design was registered under the Designs Act 2002 ; and

                     (c)  the exclusive right in the design had not expired by effluxion of time before the copyright proceedings began; and

                     (d)  it is established in the copyright proceedings that:

                              (i)  none of the persons who are registered owners of the registered design are entitled persons in relation to the design; and

                             (ii)  none of those persons were registered with the knowledge of the owner of the copyright in the artistic work.

             (2)  Subject to subsection (3), for the purposes of the copyright proceedings:

                     (a)  the design is taken never to have been registered under the Designs Act 2002 ; and

                     (b)  section 75 does not apply in relation to anything done in respect of the design; and

                     (c)  nothing in the Designs Act 2002 constitutes a defence.

             (3)  Ignore subsection (2) if it is established in the copyright proceedings that the act to which the proceedings relate was done:

                     (a)  by an assignee of, or under a licence granted by, the registered owner of the registered design; and

                     (b)  in good faith relying on the registration and without notice of any proceedings (whether or not before a court) to revoke the registration or to rectify the entry in the Register of Designs in relation to the design.

[false registration]

(3)     Schedule 1, page 6 (after line 6), at the end of the Schedule, add:

Part 2 Application provisions

15  Application of amendments of section 74—definition of corresponding design

The amendments of section 74 of the Copyright Act 1968 made by items 2 and 3 of this Schedule apply as follows:

                     (a)  for the purposes of section 75 of the Copyright Act 1968 —in the same circumstances as the amendment made by item 4 of this Schedule applies;

                     (b)  for the purposes of section 76 of the Copyright Act 1968 —in the same circumstances as the amendment made by item 4A of this Schedule applies;

                     (c)  for the purposes of section 77 of the Copyright Act 1968 —in the same circumstances as the amendments of section 77 made by items 5 to 13 of this Schedule apply;

                     (d)  for the purposes of section 77A of the Copyright Act 1968 —in the same circumstances as that section applies.

16  Application of amendment of section 75

The amendment made by item 4 of this Schedule applies to reproductions that are made on or after the commencing day.

Scout Association Act 1924

16A  Section 3

Omit “ Designs Act 1906-1912 ”, substitute “ Designs Act 2003 ”.

17  Application of amendment of section 76

(1)       Section 76 of the Copyright Act 1968 as amended by item 4A of this Schedule applies in relation to proceedings brought under that Act on or after the commencing day, where the corresponding design has been registered under the Designs Act 2002 .

(2)       When determining whether a design has been registered under the Designs Act 2002 for the purposes of subitem (1), ignore section 151 of that Act.

18  Application of amendments of section 77

Amendments made by item 5

(1)       Paragraph 77(1)(b) of the Copyright Act 1968 as amended by item 5 of this Schedule applies to articles and products to which a corresponding design has been applied industrially that are sold, let for hire or offered or exposed for sale or hire on or after the commencing day. However, this subitem does not affect the operation of paragraph 77(1)(b) of the Copyright Act 1968 as in force immediately before the commencing day.

(2)       Paragraph 77(1)(c) of the Copyright Act 1968 as amended by item 5 of this Schedule applies to products to which a corresponding design has been applied industrially that are sold, let for hire or offered or exposed for sale or hire on or after the commencing day.

Amendments made by items 6 to 13

(3)       The amendments made by items 6 to 13 of this Schedule apply to:

                     (a)  products to which a corresponding design has been applied industrially that are sold, let for hire or offered or exposed for sale or hire on or after the commencing day; and

                     (b)  complete specifications or representations that are first published in Australia on or after the commencing day.

19  Application of section 77A

Section 77A of the Copyright Act 1968 applies to reproductions that are made on or after the commencing day.

20  Definition

In this Part:

commencing day means the day on which this item commences.

[application provisions]

(4)     Schedule 2, page 9 (after line 5), after item 16, insert:

Scout Association Act 1924

16A  Section 3

Omit “ Designs Act 1906-1912 ”, substitute “ Designs Act 2002 ”.

[consequential amendment]