Designs Act 1906

Legislation au C1906A00004 Not in force Act

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Designs Act 1906

Act No. 4 of 1906 as amended

This compilation was prepared on 24 July 2003
taking into account amendments up to Act No. 48 of 2003

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

 

 

 

Contents

Part I—Introductory

1 Short title [see Note 1]

2 Commencement [see Note 1]

4 Interpretation

5 References to prescribed court

5A Crown to be bound

5B Application of Act

6 No new registrations under State Acts

7 Certain registrations not to be renewed

7A Application of the Criminal Code

Part II—Administration

8 Registrar and other officers

8A Delegation by Registrar

9 Designs Office

10 Seal of Designs Office

11 False representations about the Designs Office

Part IV—Registration of designs

17 New or original design may be registered

17A Certain designs not to be treated as other than new or original etc.

18 Design may include functional features or be of indefinite dimension

19 Owner of unregistered design

20 Application for registration

20A Withdrawal of application

20B Persons claiming under assignment etc.

21 Priority date

22 Registered design not to be invalid by reason of certain circumstances

22A Death of applicant

22B Amendment of application etc.

22C Division of application after amendment

23 Registrar may register design

24 Registrar may refuse to register design

25 Monopoly in design

25A Co‑ownership of registered design

25B Power of Registrar to give directions to co‑owners

25C Rights of registered owner to be personal property etc.

25D Subsequent registration of design in respect of other articles

26 Certificate of registration of design

27 Registered designs open to public inspection

27A Period during which registration is in force

27B Extensions of time

28 Applications to prescribed court

Part V—Infringement of monopoly in designs

Division 1—Infringement

30 Infringement of monopoly in designs

31 Infringement actions

32 Defendant may counter‑claim for rectification of register

32A Intervention by Registrar in infringement action

32B Remedies for infringement of monopoly in designs

Division 2—Unjustified threats of infringement proceedings

32C Application for relief from unjustified threats

32D Court’s power to grant relief

32E Counter‑claim for infringement

32F Notification of registration not a threat

32G Liability of legal practitioner, patent attorney or trade marks attorney

Part VI—The Register of Designs

33 Register of Designs

34 Trusts not to be noticed

35 Inspection of register

36 False entries in register

37 Correction of register

38 Registration of assignments, transmissions etc.

38AA Registration of legal personal representatives

38A Registration of mortgages licences etc.

38B Unregistered instruments not to be admitted in evidence

39 Rectification of register

Part VIA—The Crown

40 Interpretation

40A Use of designs for services of the Commonwealth or a State

40B Declaration may be sought as to use of registered design

Overview

The Designs Act 1906 was enacted to address the problem of providing legal protection for industrial designs, ensuring that creators and owners of unique designs have the exclusive right to use and benefit from their creations. This Act was enacted by the Australian Parliament and it primarily serves the policy objective of protecting intellectual property rights and fostering innovation by granting exclusive rights to the owners of registered designs. The Act establishes a comprehensive framework for the registration, administration, and enforcement of design rights, ensuring that designs are protected against infringement and that the rights of design owners are upheld.

Scope and Application

The Designs Act 1906 applies to individuals and entities involved in the creation, registration, and enforcement of design rights in Australia. It covers the registration process for new and original designs, the rights and responsibilities of design owners, and procedures for enforcing these rights, including actions for infringement. The Act extends to the Commonwealth, states, territories, and designated international jurisdictions. Notably, it prohibits new design registrations under state laws post its enactment and disallows renewal of certain designs post the Circuit Layouts Act 1989. The Act also outlines the jurisdiction of prescribed courts, the process for reviewing Registrar decisions, and the application of the Criminal Code to offences under the Act. Subordinate instruments may further specify application details, thresholds, and procedural aspects of the Act.

Key Provisions

  • The Designs Act 1906 (C1906A00004) governs the registration and protection of designs in Australia. The Act’s main operative sections include provisions for the registration of new or original designs (section 17), the rights and obligations of registered design owners (sections 25 and 25A), and the procedures for applying for and registering designs (sections 20 and 21). Section 22 allows for the registration of designs that may include functional features or be of indefinite dimension, while section 23 provides for the Registrar to consider applications for registration and make decisions on whether to register the design. The Act also outlines the obligations of design owners and applicants, including the requirement to provide accurate representations and statements of novelty and monopoly (sections 20 and 22A). Offences and penalties for breaches of the Act include fines and imprisonment for making false representations about registered designs (section 45) and for making false entries in the Register of Designs (section 36). The Act also imposes civil and criminal penalties for disobedience to a Registrar’s summons or refusal to give evidence (sections 42B and 42C). Breaches of the Act can result in the cancellation of design registrations (section 28) and the imposition of fines or imprisonment as specified in the Act and the Criminal Code.

Legal classification tags

Area of Law
Intellectual Property Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Registrar and other officers
Licensing & Registration
Infringement of monopoly in designs
Infringement actions
Unjustified threats of infringement proceedings

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.