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Designs Bill 2003

Part 5 Certain documents to be available for public inspection


60   Design applications for registered designs and associated documents to be open for public inspection

             (1)  After a design is registered or published, the Registrar must make the following documents available for public inspection:

                     (a)  the design application in which the design was disclosed;

                     (b)  any representations that were included in the design application;

                     (c)  any statement of newness and distinctiveness in respect of the design that was included in the application;

                     (d)  any document filed in relation to the design (whether before or after its registration or publication);

                     (e)  any document sent by the Registrar to the applicant or the registered owner in connection with the design (whether before or after its registration or publication);

                      (f)  any other document relating to the design application that is in, or comes into, the possession of the Designs Office;

                     (g)  any other document prescribed by the regulations.

             (2)  Despite subsection (1), the following documents are not to be made available for public inspection:

                     (a)  a document that would be privileged from production in legal proceedings on the ground of legal professional privilege;

                     (b)  a document that is subject to an order of a court or tribunal that prohibits disclosure of the document or information in the document;

                     (c)  a document required to be produced under paragraph 127(1)(c), if the Registrar is satisfied that the document, or information in the document, should not be open for public inspection;

                     (d)  a document that contains information obtained from a document to which any of paragraph (a), (b) or (c) applies.

             (3)  If a document mentioned in subsection (1) has been amended, the document before and after amendment is to be made available for public inspection.

             (4)  However, if:

                     (a)  more than one design was disclosed in the design application; and

                     (b)  any of the following apply:

                              (i)  the application was amended to exclude one or more of the designs;

                             (ii)  one or more of the designs was withdrawn from the application;

                            (iii)  one or more of the designs was neither registered nor published;

the designs that were excluded or withdrawn, or that were not registered or published, and any documents, or parts of documents, mentioned under paragraphs 60(1)(b) to (g) relating exclusively to those designs, are not to be made available for public inspection under subsection (1).

61   Certain documents not to be published

             (1)  Except as otherwise provided by this Act, documents of the kind mentioned in subsection 60(1), other than documents prescribed by the regulations for the purposes of paragraph 60(1)(g):

                     (a)  must not be published or be open to public inspection; and

                     (b)  are not liable to be inspected or produced before the Registrar or in a legal proceeding unless the Registrar, court, or any person having power to order inspection or production, directs that the inspection or production be allowed.

             (2)  Notice of an application for the production in legal proceedings of a document of the kind mentioned in subsection (1) must be given to the Registrar, who is entitled to be heard on the application.

             (3)  Subsection (1) does not prevent documents of the kind mentioned in subsection 60(1) from being made available to an applicant for registration or publication of the design to which the documents relate.


Chapter 5 Examination of designs