Designs Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 2391

Designs Regulations2 (Amendment)

I. THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Designs Act1906.

Dated 17 July 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command.

John N Button

Minister of State for Industry.

Technology and Commerce

Principal Regulations

1. In these Regulations. “Principal Regulations” means the Designs Regulations.

2. After regulation 7a of the Principal Regulations the following regulation is inserted:

S.R. 239/90—Cat. No.

 14/10.7.1990

 

Directions under section 20B of the Act

“7b. a request for a direction under section 20b of the Act must be in accordance with Form 5a.”.

3. Regulations 26, 27, 28 and 29 of the Principal Regulations arc repealed and the following regulations substituted:

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

“26. (1) An application under subsection 27b (2) of the Act must be in accordance with Form 10.

“(2) The person making the application must include with it a declaration setting out the grounds on which the application is made.

Opposition to application

“27. (1) If the Registrar advertises in the Official Journal an application under subsection 27b (2) of the Act. a person may give notice of opposition to the grant of that application in accordance with Form 10a.

“(2) Notice of opposition to an advertised application is to be given not later than one month after the date of the publication of the advertisement.

Notification of decisions etc. in the Official Journal

“28. (1) If an extension of time is granted under subsection 27b (2) of the Act. the Registrar must publish in the Official Journal a notification of that decision.

“(2) If the Administrative Appeals Tribunal reviews a decision of the Registrar under subsection 27b (2) of the Act and decides to vary, or set aside, the decision, or make a decision in substitution for a decision set aside, the Registrar is to notify that fact in the Official Journal.

Protection or compensation of persons

“29. (1) This regulation applies if an extension of time has been granted under subsection 27b (2) of the Act and. as a result:

(a) an application for registration of a design that had lapsed is restored: or

(b) the registration of a design that had ceased to be in force is restored.

“(2) If. before the extension of time referred to in subregulation (1) was granted, a person used, or otherwise took advantage of (whether by way of contract or otherwise), a design the subject of an application or registration to which subregulation (1) applies, he or she may apply to the Registrar for a licence to do any act that would, but for the operation of this regulation, infringe, or be taken to infringe, the monopoly in that design.

 

“(3) An application under subregulation (2) must:

(a) be in accordance with Form 9; and

(b) be made not later than one month after the publication of the notification referred to in subregulation 28 (1).

“(4) A copy of the application made under subregulation (2) is to be given by the applicant to the person to whom the extension of time was granted and. at the direction of the Registrar, to any other person.

Opposition to claim

“29a. (1) A person to whom a copy of an application under subregulation 29 (2) has been given may give notice of opposition to the application in accordance with Form 10a.

“(2) Notice of opposition to an application is to be given not later than one month after the date on which a copy of the application was given to the person giving notice of opposition.

“(3) A copy of the notice of opposition is to be given by the person giving notice to the person who made the application for a licence under subregulation 29 (2).

Determination of claim

“29b. (1) If. after considering all the circumstances of the case, the Registrar is satisfied that, on the merits of the case, an application under subregulation 29 (2) should be granted, the Registrar may grant to the applicant a licence under that subregulation:

(a) unconditionally; or

(b) subject to conditions.

“(2) If, after considering all the circumstances of the case, the Registrar is not satisfied that, on the merits of the case, an application under subregulation 29 (2) should be granted, the Registrar may dismiss that application.”.

Interpretation

4. Regulation 30 of the Principal Regulations is amended by omitting the definition of “notice of opposition” and substituting the following definition:

“ ‘notice of opposition’ means a notice given under subregulation 27(1) or 29a (1) and ‘opposition of which notice has been given’ has a corresponding meaning.”.

5. Regulation 31 of the Principal Regulations is repealed and the following regulation substituted:

 

Application of Part IV

“31. This Part applies where notice of opposition has been given in relation to:

(a) an extension of time under section 27b of the Act; or

(b) an application for a licence referred to in subregulation 29 (2).”.

Schedule 1

6. Schedule 1 to the Principal Regulations is amended:

(a) by omitting from the heading to Schedule 1 “Regulation 5”;

(b) by omitting from the heading to Form 1 “FORM 1” and substituting:

“FORM 1 Regulation 5”:

(c) by inserting after Form 5 the following Form:

“FORM 5a Regulation 7b

COMMONWEALTH OF AUSTRALIA

DESIGNS REGULATIONS

REQUEST FOR DIRECTION UNDER SECTION 20b OF THE ACT

TO THE REGISTRAR OF DESIGNS:

1. *I/*We,	, of	, request the Registrar to direct that application
No.	in the name of	is to proceed in the name(s) of
2, *I am/*We are entitled to make this request on the following grounds:
3. *I/*We furnish with this request the following documents:
4. *My/*Our address for service is:

Dated 19 .

(Signature(s))

*Strike out if inapplicable.”;

(d) by omitting from the heading to Form 9 “Sub-regulation 27 (2)” and substituting “Subregulation 29 (3)”;

(e) by omitting from Form 9 “sub-regulation 27 (1)” and substituting “subregulation 29 (2)”;

(f) by omitting from the heading to Form 10 “Sub-regulations 28 (1) and 55 (3)” and substituting “Subregulation 26 (1)”:

(g) by omitting from Form 10 “sub-regulation *28 (1)/*55 (3)” and substituting “subregulation 26 (1)”;

(h) by inserting after Form 10 the following Form:

 

“FORM 10a Subregulations 27 (1)

and 29a (1)

COMMONWEALTH OF AUSTRALIA

DESIGNS REGULATIONS

NOTICE OF OPPOSITION

TO THE REGISTRAR OF DESIGNS:

1. *I/*We,	, of	, give notice of opposition to the
in respect of *application/*registered design
No.
2. The grounds of *my/*our opposition are as follows:
3. *My/*Our interest in this matter is based on the following facts:
4. A copy of this notice was given to the applicant on   19  .
5. *My/*Our address for service is:

Dated 19  .

(Signature(s))

*Strike out if inapplicable.”.

Schedule 2

7. Schedule 2 to the Principal Regulations is amended:

(a) by omitting item 3 and substituting the following items:

“3	On lodging an application under subsection 27b (2) of the Act for an extension of time on the grounds specified in paragraph 27b (2) (a) of the Act:
(a) if lodged before the end of the time to be extended— for each month, or part of a month for which the application is made   (b) if lodged after the time to be extended	45 70—together with the amount payable under paragraph (a)
3a		For the granting of an extension of time under subsection 27b (2) of the Act on the grounds specified in paragraph 27b (2) (a) of the Act, if the extension is granted after the end of the period for which the application is made—for each month or part of a month for which the time is extended	45—less any amount paid under paragraph (a) of item 3
3b	On lodging an application under subsection 27b (2) of the Act for an extension of time on the grounds specified in paragraph 27b (2) (b) of the Act	45”;

 

(b) by omitting item 5 and substituting the following item:

“5 On lodging a request under

subsection 20b (1) of the Act 45”;

(c) by omitting “subregulation 27 (1)” in Column 2 in item 7 and substituting “subregulation 29 (2)”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 July 1990.

2. Statutory Rules 1982 No. 72 as amended to date. For previous amendmentssee Note 2 to Statutory Rules 1990 No. 29 and see also Statutory Rules 1990 No. 29.

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