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Designs Bill 2003

Part 2 Interpretation

   

5   Definitions

                   In this Act, unless the contrary intention appears:

Agency has the same meaning as in the Public Service Act 1999 .

artistic work has the same meaning as in the Copyright Act 1968 .

Australia includes each external Territory.

authority , in relation to the Commonwealth, a State or a Territory, means a body established for a public purpose by or under a law of the Commonwealth, State or Territory.

certificate of examination means a certificate of examination of a registered design issued under Chapter 5.

Commonwealth includes a Commonwealth authority.

complex product means a product comprising at least 2 replaceable component parts permitting disassembly and re-assembly of the product.

continental shelf means the continental shelf of Australia as defined in the Seas and Submerged Lands Act 1973 .

Convention country means a country declared by the regulations to be a Convention country for the purposes of this Act.

corresponding design , in relation to an artistic work, has the same meaning as in Division 8 of Part III of the Copyright Act 1968 .

Deputy Registrar means a Deputy Registrar appointed under section 123.

design , in relation to a product, means the overall appearance of the product resulting from one or more visual features of the product.

Note:          See also section 8.

design application means an application filed under section 21.

Designs Office means the Designs Office established by section 125.

employee means a person, other than the Registrar or a Deputy Registrar, who:

                     (a)  is a person engaged under the Public Service Act 1999 and is employed in the Designs Office; or

                     (b)  is not such a person but performs services, in the Designs Office, for or on behalf of the Commonwealth.

entitled person , in relation to a design, means a person entitled under section 13 to be entered in the Register as the registered owner of the design.

examination , in relation to a design, means examination of the design under section 65.

file means file with the Designs Office.

Note:          Section 144 deals with filing.

filing date has the meaning given by section 26.

head , in relation to the Designs Office of a Convention country, means the official chief (however described) of that Office.

infringement proceedings means an action or proceedings for the infringement of a registered design.

initial application has the meaning given by section 23.

legal personal representative , in relation to a deceased person, means a person to whom:

                     (a)  probate of the will of the deceased person; or

                     (b)  letters of administration of the estate of the deceased person; or

                     (c)  other like grant;

has been granted, whether in Australia or elsewhere.

legal practitioner means a barrister or solicitor of the High Court of Australia or of the Supreme Court of a State or Territory.

Locarno Agreement means the Agreement establishing an International Classification for Industrial Design, signed at Locarno on 8 October 1968.

minimum filing requirements has the meaning given by section 21.

prescribed court means the following:

                     (a)  the Federal Court of Australia;

                     (b)  the Supreme Court of a State;

                     (c)  the Supreme Court of the Australian Capital Territory;

                     (d)  the Supreme Court of the Northern Territory;

                     (e)  the Supreme Court of Norfolk Island.

prior art base has the meaning given by section 15.

priority date , in relation to a design, means the priority date of the design under section 27.

product has the meaning given by section 6.

Register means the Register of Designs mentioned in section 111.

registered means registered under this Act.

registered design , at a particular time, means a design that is registered at that time.

registered owner has the meaning given by section 14.

registered patent attorney has the same meaning as in the Patents Act 1990 .

registered trade marks attorney has the same meaning as in the Trade Marks Act 1995 .

registrable design has the meaning given by section 15.

Registrar means the Registrar of Designs holding office under this Act.

relevant parties , in relation to the examination of a design under Chapter 5, means:

                     (a)  the registered owner of the design; and

                     (b)  the person who requested the examination; and

                     (c)  each person who is entered on the Register as having an interest in the design.

relevant proceedings , in relation to a registered design, means court proceedings:

                     (a)  for infringement of the registered design; or

                     (b)  for revocation of the registration of the design; or

                     (c)  in which the validity of the registration of the design is in dispute.

representation means a drawing, tracing or specimen of a product embodying a design or a photograph of such a drawing, tracing or specimen.

State includes a State authority.

term of registration has the meaning given by section 46.

Territory includes a Territory authority.

visual feature has the meaning given by section 7.

6   Definition of product

             (1)  For the purposes of this Act, a thing that is manufactured or hand made is a product (but see subsections (2), (3) and (4)).

             (2)  A component part of a complex product may be a product for the purposes of this Act, if it is made separately from the product.

             (3)  A thing that has one or more indefinite dimensions is only a product for the purposes of this Act if any one or more of the following applies to the thing:

                     (a)  a cross-section taken across any indefinite dimension is fixed or varies according to a regular pattern;

                     (b)  all the dimensions remain in proportion;

                     (c)  the cross-sectional shape remains the same throughout, whether or not the dimensions of that shape vary according to a ratio or series of ratios;

                     (d)  it has a pattern or ornamentation that repeats itself.

             (4)  A kit which, when assembled, is a particular product is taken to be that product.

7   Definition of visual feature

             (1)  In this Act:

visual feature , in relation to a product, includes the shape, configuration, pattern and ornamentation of the product.

             (2)  A visual feature may, but need not, serve a functional purpose.

             (3)  The following are not visual features of a product:

                     (a)  the feel of the product;

                     (b)  the materials used in the product;

                     (c)  in the case of a product that has one or more indefinite dimensions:

                              (i)  the indefinite dimension; and

                             (ii)  if the product also has a pattern that repeats itself—more than one repeat of the pattern.

8   References in this Act to a design

                   In this Act, a reference to a design is a reference to a design in relation to a product.



 

Chapter 2 Design rights, ownership and registrable designs