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Designs Bill 2003

Part 3 Amendment or withdrawal of design applications

   

28   Amendment of design applications

             (1)  The Registrar may amend a design application if requested to do so by the applicant.

             (2)  A request under subsection (1) must be made in the manner prescribed by the regulations.

             (3)  Despite subsection (1), the Registrar must not amend:

                     (a)  any representations included in the design application; or

                     (b)  any other documents accompanying the design application;

in so far as they define a design disclosed in the design application, in such a way as to alter the scope of the application by the inclusion of matter which was not in substance disclosed in the original design application, representations or other documents.

             (4)  In this section:

amend , in relation to a representation of a design disclosed in a design application, includes the substitution of one representation for another representation.

             (5)  An appeal lies to the Federal Court against a decision of the Registrar under this section.

29   Disputes between applicants

             (1)  This section applies if a dispute arises between 2 or more persons in relation to whether, or in what manner, a design application should proceed.

             (2)  The Registrar may, on a request made in accordance with the regulations by any of the persons, make any determinations the Registrar thinks fit for either or both of the following purposes:

                     (a)  enabling the application to specify which of those persons is an entitled person in relation to a design disclosed in the application;

                     (b)  regulating the manner in which the application is to proceed.

             (3)  A person mentioned in subsection (1) or (2) must be:

                     (a)  the applicant; or

                     (b)  a person who asserts that the person is an entitled person in relation to a design disclosed in the application.

30   Persons may ask for design application to proceed in the person’s name

             (1)  A person may ask the Registrar to direct that a design application specify the person as:

                     (a)  an applicant; or

                     (b)  an entitled person in relation to a design disclosed in the application.

             (2)  The Registrar may give the direction if the person would, if the design were registered, be entitled under an assignment or agreement, or by operation of law, to:

                     (a)  the registered design or an interest in it; or

                     (b)  an undivided share in the registered design or in such an interest.

             (3)  If the Registrar gives the direction:

                     (a)  the person is taken to be an applicant or an entitled person in relation to the design, as the case requires; and

                     (b)  the application is taken to be amended accordingly.

             (4)  A request under subsection (1) must be in accordance with the regulations.

31   Publication of certain details of amended application

                   The Registrar must publish the details prescribed by the regulations in relation to a design application amended by the Registrar under this Part.

32   Withdrawal of designs and design applications

             (1)  A person who has filed a design application may withdraw the application by written notice filed within the period prescribed by the regulations.

             (2)  A person who has filed a design application in respect of more than one design may withdraw one or more of those designs from the application by written notice filed within the period prescribed by the regulations.

             (3)  If the design application was filed by more than one person, the notice is not effective unless each of them consented to the giving of the notice.

             (4)  If a design is withdrawn from a design application, the person or persons who withdrew the design may not subsequently request registration or publication of the design under Part 2 of Chapter 4 unless the person makes another application in respect of the design under section 21.