Designs Regulations 1982

Administered by Department of Resources, Energy and Tourism

Legislation au F1996B00970 Regulations Not in force Legislative Instrument

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Designs Regulations 1982

Statutory Rules 1982 No. 72 as amended

made under the

Designs Act 1906

This compilation was prepared on 17 June 2004
taking into account amendments up to SR 2004 No. 117

[Note: These Regulations were repealed by SR 2004 No. 117]

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

Contents

Part I Preliminary

 1 Name of regulations [see Note 1] 

 2 Commencement 

 3 Interpretation 

 4 Fees 

 4A Exemption from, and refund of, certain fees 

Part II Registration

 5 Applications for registration of designs 

 6 Signing applications 

 7 Representations to accompany application 

 7AA Advertisement of the withdrawal of an application under section 20A of the Act             

 7A Convention countries 

 7B Directions under section 20B of the Act 

 8 Order of dealing with applications 

 9 Application to expedite consideration 

 10 Order of dealing with expedited applications 

 11 Designs excluded from registration 

 12 Copies of documents to be supplied 

 13 Amendment of application 

 14 Notice of objection to registration 

 15 Amendment of defective application 

 16 Notice of hearing concerning defective application 

 17 Application for hearing 

 18 Advertisement of registration 

 19 Entry in register 

 20 Inspection of register 

 21 Correction of register 

 22 Publication of rectification or variation of register 

Part III Applications and oppositions in relation to registered designs

 23 Extension of period of registration 

 24 Notice under subsection 27A (4) of the Act 

 25 Notice for the purposes of subsection 27A (6) of the Act 

 26 Applications for extension of time under subsection 27B (2) of the Act             

 27 Opposition to application 

 28 Notification of decisions etc in the Official Journal

 29 Protection and compensation of certain persons 

 29AA Protection and compensation of certain other persons 

 29A Opposition to claim 

 29B Determination of claim 

Part IV Practice and procedure

 30 Interpretation 

 31 Application of Part IV 

 32 Declaration in support of opposition 

 33 Evidence in support 

 34 Applicant’s evidence in answer 

 35 Opponent’s evidence in reply 

 36 Notice if supporting or answering declarations not to be lodged             

 37 Further evidence 

 38 Procedure where special leave granted 

 39 Fixing of time and place for hearing 

 40 Withdrawal of opposition 

 41 Hearings 

 42 Decisions 

 44 Procedure at hearings other than oppositions 

 45 Copies of documents 

 46 Evidence by declaration 

Part V Agents

 47 Agents 

 48 Registered patent or trade marks attorneys and employees acting as agents             

Part VI Miscellaneous

 50AA Persons to whom Registrar may delegate (Act, s 8A (1)) 

 50 Directions to co-owners 

 50A Costs 

 51 Exercise of discretionary power by Registrar 

 52 Requirements in relation to documents and representations 

 53 Office hours 

 54 Address for service 

 56 Clerical errors 

 57 Copies to be evidence 

 58 Documents lost or destroyed in time of war or natural catastrophe             

 59 Certificates 

 60 Dispensing with evidence 

 61 Review of decisions 

 62 Repeal of former Designs Regulations 

 63 Transitional 

Schedule 1 Forms 

Form 1  

Form 2  

Form 3  

Form 4  

Form 5  

Form 5A  

Form 6  

Form 7  

Form 8  

Form 9  

Form 10  

Form 10A  

Form 11  

Form 12  

Form…

Overview

The Designs Regulations 1982 were made under the Designs Act 1906 and commenced on 1 April 1982. The regulations address the gap in formal procedures and requirements for the registration and protection of industrial designs, ensuring that the process is efficient, transparent, and legally compliant. These regulations were created by the Commonwealth Parliament to provide a comprehensive framework for the administration of design registration in Australia, including the processes for application, examination, registration, and the protection of registered designs.

Scope and Application

The Designs Regulations 1982 are subsidiary legislation made under the Designs Act 1906. They apply throughout Australia as federal regulations. The Regulations provide for the administration of the registration of designs, including the procedures for application, examination, registration, opposition, and extension of registration periods. They apply to any person or entity seeking to register a design or to challenge a design registration. Certain types of designs, such as those primarily literary or artistic in character, are excluded from registration under the Regulations. The Regulations also outline the fees payable for various design-related processes, such as application for registration, expedited examination, and extensions of registration. The Regulations have been amended several times since their initial enactment, with amendments covering various aspects such as fees, procedures, and formal requirements for documents and representations. While the Regulations provide detailed guidance, their application may be further refined or extended through subordinate instruments or decisions made by the Registrar of Designs.

Key Provisions

  • The Designs Regulations 1982, which are made under the Designs Act 1906, provide the framework for the registration of designs in Australia. They outline the procedures for applying for and registering designs, including the requirements for applications, the process for examining applications, and the conditions under which designs can be registered or excluded from registration. The regulations also detail the process for extending the period of registration, handling objections to registration, and dealing with oppositions and applications for extensions of time.
  • Entities governed by these regulations, such as applicants for design registration, must adhere to specific procedures and requirements. For instance, applicants must submit their applications in the prescribed format, sign them, and include the necessary representations of the design. They must also pay the applicable fees, which are specified in Schedule 2 of the regulations. The Designs Office, which is responsible for administering the registration process, must process applications in the order they are lodged, unless expedited consideration is requested or granted.
  • Failure to comply with the provisions of the Designs Regulations can result in civil or criminal penalties. The regulations themselves do not detail specific penalties, but breaches of the Designs Act 1906, which these regulations are made under, could lead to fines or imprisonment. For example, section 42A of the Act provides for the imposition of fines for offences such as using a registered design without permission or removing or altering the number of a registered design. The penalties for these offences are set out in section 43 of the Act, which provides for fines of up to $11,000 for individuals and $55,000 for bodies corporate. In cases of serious infringement, the Act also provides for imprisonment for up to two years. Additionally, section 44A of the Act allows for the recovery of damages for infringement of a registered design.

Legal classification tags

Area of Law
Intellectual Property Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Fees
Transitional Provisions
Regulatory Standards
Licensing & Registration
Enforcement Powers
Administrative Discretion

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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.