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Designs Bill 2003

Part 3 Examination

   

65   What Registrar must do in examining a design

             (1)  If the Registrar receives a request to examine a registered design, or decides to examine a registered design, the Registrar must consider whether a ground for revocation under subsection (2) exists.

             (2)  The following are grounds for revocation of the registration of a design for the purposes of this Part:

                     (a)  the design is not a registrable design;

                     (b)  any other ground prescribed by the regulations.

             (3)  The examination must be:

                     (a)  conducted in accordance with the procedures prescribed by the regulations; and

                     (b)  completed within the period prescribed by the regulations.

66   Amendment of registration

             (1)  This section applies if the Registrar is satisfied, in the course of examining a registered design, that a ground for revocation of the registration of the design has been made out.

             (2)  The Registrar must give written notice to that effect to the registered owner of the design.

             (3)  The registered owner of the design may request that the Registrar amend the Register in such a way that the ground for revocation is removed.

             (4)  A request under subsection (3) must be made in the manner prescribed by the regulations.

             (5)  The Registrar must consider and deal with the request in the manner prescribed by the regulations.

             (6)  An amendment must not be such as to:

                     (a)  increase the scope of the design registration; or

                     (b)  alter the scope of the registration by the inclusion of matter that was not in substance disclosed in the original design application, representations or other documents.

67   Certificate of examination where registration valid

             (1)  This section applies in relation to a registered design if:

                     (a)  the Registrar has examined the design and is satisfied that a ground for revocation of the registration of the design has not been made out, or that any such ground would be removed if the Register were amended as proposed in a request made under section 66; and

                     (b)  the registration of the design has not ceased under subsection 48(1).

             (2)  The Registrar must give the relevant parties a notice stating:

                     (a)  that the design has been examined; and

                     (b)  if the Registrar is satisfied that a ground of revocation could be removed if the Register were amended as proposed in a request made under section 66—the details of the proposed amendments; and

                     (c)  that a certificate of examination is to be issued.

             (3)  If the Registrar remains satisfied as mentioned in paragraph (1)(a) after giving the relevant parties a reasonable opportunity to be heard, the Registrar must:

                     (a)  issue a certificate of examination, in the form prescribed by the regulations, to the registered owner of the design; and

                     (b)  record on the Register the issue of that certificate and, if applicable, such amendments proposed in a request made under section 66 that the Registrar is satisfied would remove a ground of revocation; and

                     (c)  publish a notice, in the form prescribed by the regulations, stating:

                              (i)  that an examination of the design has been completed; and

                             (ii)  that infringement proceedings under Chapter 6 may be commenced.

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

68   Revocation of registration after examination

             (1)  This section applies in relation to a registered design if:

                     (a)  the Registrar has examined the design, and is satisfied that a ground for revocation of the registration of the design has been made out and the ground would not be removed if the Register were amended as proposed in a request under section 66; and

                     (b)  the registration of the design has not ceased under subsection 48(1).

             (2)  The Registrar must:

                     (a)  give the relevant parties a notice stating that the registration of the design is revoked; and

                     (b)  make an entry in the Register under section 115.

             (3)  The Registrar must also publish a notice, in the form prescribed by the regulations, stating that the registration of the design has been revoked and that the design is taken never to have been registered.

             (4)  The Registrar must not revoke the registration of a design under this section unless:

                     (a)  the Registrar has given the registered owner a reasonable opportunity to be heard; and

                     (b)  if appropriate, the Registrar has given the registered owner a reasonable opportunity to amend the relevant registered design for the purpose of removing a ground for the revocation of the registration of the design and the registered owner has failed to do so.

             (5)  The Registrar must not revoke the registration of a design under this section while relevant proceedings in relation to that design are pending.

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