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Designs Bill 2003

Part 2 Requests for examination

   

63   Examination of design

             (1)  The Registrar must examine a design that has at any time been a registered design if any person requests, or a court orders, that the Registrar examine the design.

             (2)  The Registrar may, on the Registrar’s initiative and at any time, examine a design that has at any time been a registered design.

             (3)  If relevant proceedings in relation to a design are pending in a court, the Registrar must not examine the design unless the court orders that the Registrar examine the design.

             (4)  If:

                     (a)  the Registrar has started to examine a design; and

                     (b)  relevant proceedings in relation to the design are started;

the Registrar must not continue to examine the design (including considering a request for amendments under section 66) unless a court orders that the Registrar continue to examine the design.

             (5)  For the purposes of this section, the expression a design that has at any time been a registered design :

                     (a)  includes a design whose registration has ceased because of the operation of subsection 48(2) or (3); and

                     (b)  does not include a design whose registration has been revoked, unless a declaration has been made under section 52, 53 or 54 of the entitled persons in relation to the design.

64   Requirements for request for examination of design

             (1)  A request by a person that the Registrar examine a registered design must satisfy any requirements prescribed by the regulations.

             (2)  The request may contain material in relation to the newness and distinctiveness of the design.

             (3)  The Registrar must make available for public inspection material contained in a request under this section in relation to the newness and distinctiveness of the design to which the request relates.