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Designs Bill 2003

Part 3 Acquisition by and assignments to the Crown

   

106   Acquisition of design by the Commonwealth

             (1)  The Governor-General may direct that a design disclosed in a design application, or a registered design, be acquired by the Commonwealth.

             (2)  When a direction is given, all rights in respect of the design are, by force of this section, transferred to and vested in the Commonwealth.

             (3)  Notice of the acquisition must be published in the prescribed manner and given to the following:

                     (a)  in the case of a design that has not yet been registered—each applicant for registration of the design and each entitled person in relation to the design;

                     (b)  in the case of a registered design—the registered owner.

             (4)  The Commonwealth must pay:

                     (a)  each entitled person in relation to the design or the registered owner of the design, as the case requires; and

                     (b)  all other persons appearing in the Register as having an interest in the design;

such compensation as is agreed between the Commonwealth and those persons or, in the absence of agreement, as is determined by a prescribed court.

             (5)  A person may not apply to a prescribed court for a determination under subsection (4) in relation to a design unless a certificate of examination has been issued in relation to the design.

107   Assignment of design to the Commonwealth

             (1)  An entitled person in relation to a design or the registered owner of a design may assign to the Commonwealth the person’s interest in the design and in the exclusive rights obtained, or to be obtained, in the design.

             (2)  The assignment and all covenants and agreements contained in the assignment are:

                     (a)  valid and effectual even if valuable consideration has not been given; and

                     (b)  may be enforced by action or other appropriate proceeding in the name of the Minister.