Designs Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 3131

Designs Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Designs Act 1906.

Dated 13 November 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Barry O. Jones

Minister of State for Science, Customs and Small Business

 

Revocation of Proclamations

1. (1) In this regulation, “the Act” means the Designs Act 1906.

(2) For the purposes of section 48 of the Act, the following Proclamations are repealed, namely:

(a) the Proclamation of 21 June 1985 made under subsection 48 (1) of the Act and published in the Gazette dated 27 August 1985;

(b) each of the Proclamations of 3 March 1982 made under subsection 48 (3) of the Act and published in the Gazette dated 23 March 1982.

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

Convention countries

“7a. (1) Each of the countries specified in Schedule 2a is declared, under subsection 48 (1) of the Act, to be a Convention country for the purposes of the Act.

“(2) For the purposes of subsection 48 (3) of the Act, an application for protection in respect of a design, being an application that is made under the treaty subsisting between 2 or more Convention countries entitled the Hague Agreement Concerning the International Deposit of Industrial Designs

(S.R. 8/89)—Cat. No. 14/20.10.1989

done at The Hague on 6 November 1925, and (where applicable) as revised at London on 2 June 1934 and at The Hague on 28 November 1960 and (where applicable) as supplemented by the Additional Act done at Monaco on 18 November 1961, by the Complementary Act done at Stockholm on 14 July 1967 (as amended under Article 5 of that Complementary Act in 1979) and by the Protocol done at Geneva on 29 August 1975, is, in accordance with the terms of that treaty, declared to be equivalent to an application made in each Convention country that:

(a) is a contracting state within the meaning of that treaty; and

(b) is specified, in accordance with the treaty, in that application.”.

Schedules

3. After Schedule 2 to the Designs Regulations the following Schedule is inserted:

SCHEDULE 2a Subregulation 7a (1)

CONVENTION COUNTRIES FOR THE PURPOSES OF THE ACT

Algeria

Argentina

Austria

Bahamas

Barbados

Belgium

Benin

Brazil

Bulgaria

Burkina Faso

Burundi

Cameroon

Canada

Central African Republic

Chad

China

Congo

Cote d’Ivoire

Cuba

Cyprus

Czechoslovakia

Democratic People’s Republic of Korea

Denmark (including Faroe Islands)

Dominican Republic

Egypt

Finland

France (including all Overseas Departments and Territories)

Gabon

 

SCHEDULE 2a— continued

German Democratic Republic

Germany, Federal Republic of

Ghana

Greece

Guinea

Guinea-Bissau

Haiti

Holy See

Hungary

Iceland

Indonesia

Iran (Islamic Republic of)

Iraq

Ireland

Israel

Italy

Japan

Jordan

Kenya

Lebanon

Lesotho

Libyan Arab Jamahiriya

Liechtenstein

Luxembourg

Madagascar

Malawi

Malaysia

Mali

Malta

Mauritania

Mauritius

Mexico

Monaco

Mongolia

Morocco

Netherlands (including the Netherlands Antilles and Aruba)

New Zealand (excluding the Cook Islands, Niue and Tokelau)

Niger

Nigeria

Norway

Philippines

Poland

Portugal

Republic of Korea

Romania

Rwanda

San Marino

 

SCHEDULE 2a— continued

Senegal

South Africa

Soviet Union

Spain

Sri Lanka

Sudan

Suriname

Sweden

Switzerland

Syrian Arab Republic

Togo

Trinidad and Tobago

Tunisia

Turkey

Uganda

United Kingdom (including Hong Kong and the Isle of Man)

United Republic of Tanzania

United States of America (including all territories and possessions, including the Commonwealth of Puerto Rico)

Uruguay

Viet Nam

Yugoslavia

Zaire

Zambia

Zimbabwe

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 November 1989.

2. Statutory Rules 1982 No. 72 as amended by 1984 No. 256: 1986 No. 263; 1988 No. 103; 1989 No. 95.

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