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Designs Bill 2003

Part 2 Requests for registration or publication

   

35   Request for registration or publication

             (1)  An applicant may request registration or publication of one or more designs disclosed in a design application.

             (2)  The request must be:

                     (a)  included in the design application; or

                     (b)  made within the period prescribed by the regulations (but see sections 37 and 38).

             (3)  The request must be in accordance with any requirements prescribed by the regulations.

36   Request for registration or publication—applications in respect of more than one design

             (1)  If more than one design is disclosed in a design application, a request under section 35:

                     (a)  may be in respect of one or more of those designs; and

                     (b)  may be for registration of some of the designs and publication of others.

             (2)  However, if an applicant makes a request in respect of only some of the designs disclosed in the design application, the following rules apply:

                     (a)  the applicant may not subsequently make a request for registration of the designs in respect of which no request for registration was made, unless the Registrar determines, in accordance with the regulations, that the applicant may make such a request;

                     (b)  the applicant may subsequently make a request for publication of the designs in respect of which no request was made.

37   Request in respect of designs excluded from an application in respect of more than one design

                   A design application in respect of designs excluded from an initial application must include a request for registration or publication of all the designs disclosed in the application.

38   Replacement of request for registration with request for publication

             (1)  If an applicant has requested registration of a design under section 35, the applicant may replace the request for registration with a request for publication of the design by giving written notice to the Registrar.

             (2)  The request is to be made within the period prescribed by the regulations.

             (3)  However, an applicant may not replace a request for publication of a design with a request for registration of the design.