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Designs Bill 2003

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2002-2003  

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA  

 

 

HOUSE OF REPRESENTATIVES  

 

 

 

DESIGNS BILL 2002  

 

 

SUPPLEMENTARY

EXPLANATORY MEMORANDUM  

 

 

Amendments  to be Moved on Behalf of the Government


 

 

 

 

 

 

 

(Circulated by authority of the Parliamentary Secretary to the Minister for Industry, Tourism and Resources, the Hon Warren Entsch MP)

 



 

DESIGNS BILL 2002

 

OUTLINE

 

The purpose of the Designs Bill 2002 as introduced is to introduce new designs legislation to replace the Designs Act 1906 .

 

These amendments correct a number of minor errors and omissions, and clarify a number of provisions to ensure they work as intended.

 

FINANCIAL IMPACT

 

The agency that will implement and administer the new designs registration system, IP Australia, operates on a full cost recovery basis so the implementation and administration of the new designs system will be paid for by users of the IP system.

 



 

DESIGNS BILL 2002

 

NOTES ON AMENDMENTS

 

Amendments 1 - 3

1.              Amendments 1 to 3 clarify the intention of clause 15 of the Bill.  Subclause 15(2) defines the prior art base for a design.  The prior art base is the publicly available information that a design (the designated design ) is compared against to determine whether it is new.

2.              Amendment 1 inserts the words “in a document” after “published” in paragraph 15(2)(b) to make clear that, for the purposes of this clause, publication does not include public use.  Amendment 3 inserts a note to make it clear to users of the designs system that “document” is as defined in the Acts Interpretation Act 1901 .

3.              Paragraph 15(2)(c) of the Bill deals with a small group of designs that are included in the prior art base.  These designs have an earlier priority date than the designated design but are not published until after the priority date of the designated design.  Amendment 2 clarifies the wording of paragraph 15(2)(c) to make it clear that for a design with an earlier priority date to form part of the prior art base under the paragraph, documents disclosing the design must be made available for public inspection under clause 60 on or after the priority date of the designated design.

Amendment 4

4.              This amendment is a technical correction to clause 33 of the Bill.  It replaces an incorrect reference to paragraph (b) with a reference to the correct paragraph, paragraph (a).

 

Amendments 5 and 6

5.              These amendments are technical corrections to clauses 51 and 52 of the Bill to make it clear that these clauses apply to applications for revocation of a design on grounds relating to entitled persons.

 

Amendment 7

6.              This amendment clarifies the expression “a design that has at any time been a registered design” in subclause 63(5) of the Bill. The amended subclause will only list those designs that are not considered to have at any time been a registered design.

 

Amendment 8

7.              This amendment is a technical correction that substitutes the word “impression” for the word “appearance” in subparagraph 72(2)(a)(ii) of the Bill.

 

Amendments 9 and 10

8.              These amendments are technical corrections to clause 99 of the Bill that replace incorrect references to “Act” with correct references to “section”.

 

Amendment 11

9.              This amendment replaces the heading to Part 2 of Chapter 12 of the Bill with a new heading “Transitional and saving provisions” consequential to the amendments made by amendment 12.



 

Amendment 12

10.          Amendment 12 adds clause 160A to the Bill.  This clause is a savings provision that provides that if an approval was in force under subsection 40A(6) of the Designs Act 1906 , this will continue to have effect after the commencing day as if it were an approval under subclause 99(2) of the Bill.

 

Amendment 13

11.          Amendment 13 is a technical correction to clause 161 of the Bill that replaces an incorrect reference to “Act” with the correct reference to “section”.