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Designs Bill 2003

Part 5 Extensions of time

   

137   Extensions of time

             (1)  The Registrar must extend the time for doing a relevant act that is required to be done within a certain time if the act is not, or cannot be, done within that time because of an error or omission by:

                     (a)  the Registrar or a Deputy Registrar; or

                     (b)  a person employed in the Designs Office; or

                     (c)  a person providing, or proposing to provide, services for the benefit of the Designs Office.

             (2)  The Registrar may, on application by a person concerned in accordance with the regulations, extend the time for doing a relevant act if, because of:

                     (a)  an error or omission by the person, or by the person’s agent; or

                     (b)  circumstances beyond the control of the person;

the relevant act that is required to be done within a certain time is not, or cannot be, done within that time.

             (3)  The time for doing a relevant act may be extended, whether before or after that time has expired.

             (4)  The Registrar must advertise an application for an extension of time of more than 3 months in the manner prescribed by the regulations.

             (5)  Subject to subsection (6), a person may, as prescribed, oppose the granting of the application.

             (6)  If the Registrar is satisfied that an application under subsection (2) would not be granted, even in the absence of opposition under subsection (5):

                     (a)  the Registrar need not advertise the application in accordance with subsection (4); and

                     (b)  the application cannot be opposed; and

                     (c)  the Registrar must refuse the application.

             (7)  In this section:

relevant act means an action (other than a prescribed action) in relation to:

                     (a)  a registered design; or

                     (b)  an application for registration or publication of a design; or

                     (c)  any proceedings under this Act (other than court proceedings).

138   Consequences of extension

             (1)  If:

                     (a)  a design application lapses, or the registration of a design ceases to be in force because of a failure to do a relevant act (within the meaning of section 137); and

                     (b)  the time for doing the act is extended;

the application or registration must be treated as having been restored on the day on which the extension is granted.

             (2)  If an application or registration is restored under subsection (1), the Registrar must:

                     (a)  advise the applicant or registered owner that the application or registration has been restored; and

                     (b)  publish a notice in the manner prescribed by the regulations that the application or registration has been restored.

139   Protection of third parties

             (1)  This section applies if the registration of a design ceases to be in force because of a failure to do a relevant act (within the meaning of section 137) and is subsequently restored under section 138.

             (2)  A person who took definite steps to use the design commercially after the registration of the design ceased to be in force but before the registration is restored may:

                     (a)  continue to use the design after the registration is restored; or

                     (b)  sell the right to use the design to another person.

             (3)  However, the person must not grant a licence to another person to use the design.

             (4)  A person who purchases a right under paragraph (2)(b) must not sell to another person the right to use the design or grant a licence to another person to use the design.

             (5)  A person who continues to use a design because of paragraph (2)(a) or used the design after purchasing it as mentioned in subsection (4) does not infringe the registered design.

140   Infringement proceedings

                   Infringement proceedings cannot be brought in respect of an infringement committed:

                     (a)  between the day on which the registration of the design ceases to be in force and the day on which it is restored; or

                     (b)  between the day on which the design application lapses and the day on which it is restored.