Designs Regulations 1906 (Amendment)

Legislation au C1913L00173 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1913. No. 173.

REGULATIONS UNDER THE DESIGNS ACT 1906–1912.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Designs Act 1906–1912 to come into operation forthwith. Such Regulations to supersede the Provisional Regulations (Statutory Rules 1911, No. 195, and 1913, No. 43) made under the said Act on the fifteenth day of November, 1911, and the eleventh day of February, 1913, respectively.

Dated this 17th day of June, One thousand nine hundred and thirteen.

DENMAN,

Governor-General.

By His Excellency’s Command,

W. M. HUGHES,

Attorney-General.

1. Regulation 1 of the Designs Regulations (Statutory Rules 1907, No. 51), in these Regulations referred to as the Designs Regulations, is amended by inserting therein after “Part II.—Registration of Designs” the words “Part IIa.—Extension of Period of Registration”.

2. The Designs Regulations are amended by inserting therein after Regulation 25 the following heading and regulation:—

“Part IIa.—Extension of Period of Registration.

25A.—(1) At any time after the registration of a design, the period of registration thereof may be extended for a second period of five years; but no period of registration shall be extended unless an application for extension be lodged at the Designs Office or sub-office before the expiration of the first period of five years.

(2) Applications for extension of the period of registration of a design for the second period of five years may be on Form N, and must be accompanied by the prescribed fee.

(3) On receipt of Form N and on payment of the prescribed fee, an entry of the extension of the period of registration shall be made in the Register of Designs, and the Registrar shall send to the registered proprietor at his registered address or his address for service, a notice that the period of registration has been extended for a further period of five years.

(4) At any time not less than six months and not more than twelve months before the expiration of the second period of five years mentioned in sub-section (2a) of Section 26 of the Act, application may be made to the Registrar for a further extension of the period of registration on Form O.

C.6593.—Price 3d.


(5) If the Registrar grants the applications he shall send notice to the registered proprietor, who shall, at least one week before the expiration of the second period of five years, pay the prescribed fee.

(6) On receipt of the prescribed fee an entry of the further extension of the period of registration shall be made in the Register, and a notice of such extension, as prescribed by sub-regulation (3) of this Regulation shall be sent.

(7) Upon an extension of the period of registration, the extension shall be advertised in the Official Journal.”

3. The First Schedule to the Designs Regulations is amended as follows:—

(a) By adding to Class 6 the words “but not including ladies’ hand bags and ladies’ belts”; and

(b) by inserting, after Class 6, the following class:—

“6a. Articles composed wholly or chiefly of leather, being ladies’ hand bags or ladies’ belts”.

4. The Second Schedule to the Designs Regulations is amended as follows:—

(a) By inserting in Item 1, after the words “except classes”, the number “6a”;

(b) by inserting therein, after Item 1, the following item:—

“1a. On application to register one design to be applied to one or more articles included in Class 6a, 5s.”; and

(c) by inserting therein, after Item 2, the following items:—

 

£

s.

d.

2a. On application for extension of the period of registration of any one design for a second period of five years—

 

 

 

For a design registered in any class other than classes 6a, 7, 12, or 13....

2

0

0

For a design registered in class 6a...........................

0

10

0

For a design registered in classes 7, 12, or 13....................

0

4

0

2b. On application for extension of the period of registration of any one design for a third period of five years—

 

For a design registered in any class other than classes 6a, 7, 12, or 13....

0

10

0

For a design registered in class 6a...........................

0

2

0

For a design registered in classes 7, 12, or 13....................

0

1

0

2c. For extension of the period of registration of any one design for a third period of five years—

 

For a design registered in any class other than classes 6a, 7, 12, or 13....

1

10

0

For a design registered in class 6a ...........................

0

8

0

For a design registered in classes 7, 12, or 13 ...................

0

3

0


5. The Third Schedule to the Designs Regulations is amended by inserting therein, after Form M, the following forms: —

FORM N.

Commonwealth of Australia.

The Designs Act 1906–1912.

Application for Extension of Registration of a Design for a Second Period of Five Years.

I (1)

We  of (2)

the registered proprietor of Design No.  in Class  hereby apply

that the registration of the Design in question may be extended for a further period of five years in accordance with the provisions of sub-section (2a) of Section 26 of the Designs Act 1906–1912.

(Signature)

Dated this  day of  , 19

To the Registrar of Designs,

Commonwealth of Australia.

(1.) Name of registered proprietor in full.

(2.) Address.

FORM O.

Commonwealth of Australia.

The Designs Act 1906–1912.

Application for Extension of Registration of a Design for a Third Period of Five Years.

I (1)

We  of (2)

the registered proprietor of Design No.  in Class hereby apply that the registration of the Design may be extended for a further period of five years in accordance with the provisions of sub-section (2b) of Section 26 of the Designs Act 1906–1912.

(Signature)

Dated this  day of , 19

To the Registrar of Designs,

Commonwealth of Australia.

(1.) Name of registered proprietor in full.

(2.) Address.

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Designs Regulations 1913 were enacted under the Designs Act 1906–1912 to address gaps in the registration and extension of design protection periods in Australia. The Governor-General, acting on the advice of the Federal Executive Council, issued these regulations, which came into immediate effect and superseded previous regulations made under the Act in 1911 and 1913. These regulations aimed to streamline the process of extending design registration periods and introduced new categories for design registration, particularly focusing on leather articles such as ladies' handbags and belts. The policy objective was to enhance the protection and management of design rights, ensuring that design proprietors could effectively extend their registration periods while providing clarity on fees and application processes.

Scope and Application

The Designs Regulations made under the Designs Act 1906–1912 pertain to the registration and extension of design protection within the Commonwealth of Australia. These regulations apply to any individual or entity that has registered a design under the Act and wish to extend their registration period. The regulations provide a mechanism for extending the registration of a design for a second period of five years, provided an application is lodged before the expiration of the first five-year period. Additionally, the regulations allow for a third extension of five years if applied for within the specified timeframe before the end of the second five-year period. The regulations also introduce new classes for design registration, specifically for ladies' handbags and belts, and adjust the fees for registration and extension of these designs. Furthermore, the regulations are designed to be comprehensive, with provisions for various forms and schedules that detail the application process and associated fees. These regulations are binding across the Commonwealth, ensuring a uniform approach to design registration and extension throughout Australia.

Key Provisions

The Designs Regulations, as amended by Statutory Rules 1913, No. 173, introduce significant changes to the registration and extension of design registrations under the Designs Act 1906–1912. Regulation 1 inserts a new Part IIa titled "Extension of Period of Registration" after Part II, which governs the registration of designs. This new part specifies that the period of registration of a design may be extended for a second period of five years, provided that the application for such extension is lodged before the expiration of the initial five-year period (Regulation 25A(1)). The application must be made on Form N and accompanied by the prescribed fee (Regulation 25A(2)). Upon receiving the form and fee, the Registrar updates the Register of Designs and notifies the registered proprietor (Regulation 25A(3)-(4)). Additionally, the Regulations mandate that the registered proprietor can apply for a further extension of the period of registration for a third period of five years, which must be done between six months and twelve months before the expiration of the second period (Regulation 25A(5)). This subsequent application must be made on Form O, with the prescribed fee, and is subject to approval by the Registrar (Regulation 25A(5)-(6)). The Registrar must then update the Register and notify the proprietor accordingly. Any extension granted is to be advertised in the Official Journal (Regulation 25A(7)). The Regulations also impose specific obligations on the registered proprietors of designs. They must ensure that any application for an extension of the registration period is lodged within the stipulated timeframes and that the requisite fees are paid. Failure to comply with these requirements may result in the loss of the right to extend the registration period. Furthermore, the Regulations impose penalties for non-compliance with the provisions related to the extension of registration periods, although the exact penalties are not specified within the text provided. In terms of civil or criminal consequences for breach of these provisions, the text does not explicitly state the penalties for non-compliance. However, given the regulatory nature of these requirements, it is likely that penalties would be enforced under the Designs Act 1906–1912 or other relevant legislation, potentially including fines or other civil remedies for failure to adhere to the prescribed procedures and timelines.

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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.