STATUTORY RULES
1952. No. 64.
REGULATIONS UNDER THE DESIGNS ACT 1906-1950.*
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 1906-1950.
Dated this Fourth day of August, 1952.
W.J.McKELL
Governor-General.
By His Excellency’s Command,
Attorney-General
AMENDMENT OF THE DESIGNS REGULATIONS 1906.†
Second Schedule.
1. The Second Schedule to the Designs Regulations 1906 is repealed and the following Schedule inserted in its stead :—
“ SECOND SCHEDULE. |
Regulation 5. | | | |
FEES. |
| | £ | s. | d. |
1. On application to register one design to be applied to a set of articles, or to one or more articles | 2 | 0 | 0 |
| 5 | 0 | 0 |
3. On notice of appeal to Law Officer against refusal of Registrar to register a design | 6 | 0 | 0 |
4. On request to enter name of subsequent proprietor........... | 4 | 0 | 0 |
5. On request to correct a clerical error .................... | 1 | 0 | 0 |
6. On request to amend application for the registration of a design... | 2 | 0 | 0 |
7. On request to amend a document under regulation 59......... | 2 | 0 | 0 |
8. On request to enter new address—for each design............ | 1 | 0 | 0 |
9. For entry in the register of a rectification of or an alteration in the register, not otherwise charged—for each entry | 2 | 0 | 0 |
10. On request for certificate of Registrar for legal proceedings or other special purpose | 1 | 0 | 0 |
11. For inspection of the Register........................ | 0 | 2 | 0 |
12. For copy of a registered design....................... | Cost according to agreement |
13. For photographic copies of documents.................. | 0 | 2 | 0 |
14. For rectification of office copies, manuscript or printed ....... | 1 | 0 | 0 |
15. For copy of certificate of registration of design............. | 2 | 0 | 0 |
16. For Subpoena.................................. | 0 | 2 | 0 ”. |
Commencement.
2. These Regulations shall come into operation on the first day of September, 1952
* Notified in the Commonwealth Gazette on , 1952.
† Statutory Rules 1907. No. 51. as amended by Statutory Rules 1911, No. 195; 1913, No. 173; 1930, No. 130; 1934, Nos. 1 and 121; 1935, Nos. 24 and 73; 1937, No. 53; 1940, No. 6; 1941, No. 67; and 1945, Nos. 143 and 200.
By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.
1972.—Price 3D. 9/25.0.1952.
Overview
The Designs Regulations 1952, made under the Designs Act 1906-1950, were enacted to update and amend the existing Designs Regulations 1906. The purpose of these regulations is to establish the fees for various design-related applications and processes, ensuring the efficient and systematic administration of design registration and related services. Enacted by the Governor-General in Council, these regulations seek to streamline the administrative aspects of design registration, providing clear and updated fee structures to facilitate the process for applicants. The Regulations came into operation on 1 September 1952, replacing the outdated 1906 regulations and addressing the need for more contemporary and detailed fee schedules.
Scope and Application
The Regulations under the Designs Act 1906-1950, made by the Governor-General in accordance with the Federal Executive Council's advice, establish the framework for design registration and related processes within the Commonwealth of Australia. These regulations apply to individuals, entities, and industries involved in the registration of designs, ensuring compliance with the provisions of the Designs Act. They cover fees for various design registration and amendment processes, inspections, and other related administrative tasks. The regulations are comprehensive, setting out the financial implications of each action, from initial registration to corrections and special requests. They also provide a structured approach to the handling of appeals and legal proceedings concerning registered designs. These regulations are applicable nationwide, covering all states and territories within Australia, thereby providing a uniform set of rules for design registration across the country. The regulations further extend their reach through subordinate instruments, which may introduce additional guidelines or modifications to the primary rules set out in the Designs Regulations.
Key Provisions
The Regulations under the Designs Act 1906-1950, which came into effect on 1st September 1952, primarily focus on setting fees for various services related to design registration and maintenance. Regulation 5 in the Second Schedule (Regulations 1 to 16) outlines these fees, detailing charges for actions such as registering a design (Regulation 1), appealing a Registrar's refusal to register a design (Regulation 3), correcting clerical errors (Regulation 5), and other related requests (Regulations 4, 6, 7, 8, 9, 10, 13, 14, 15, and 16). The fees vary from £2 5s 0d for registering a design to £10 10s 0d for a certificate of the Registrar for legal proceedings or other special purposes (Regulation 10). Inspection of the Register and obtaining a copy of a registered design are subject to cost agreements (Regulations 11 and 12).
The Regulations impose specific obligations and requirements on applicants and subsequent proprietors of designs. For example, applicants must pay the prescribed fees to register their designs or to make changes to their applications (Regulation 5). Subsequent proprietors must also pay fees to update their information in the register (Regulation 8). These fees are necessary for the administrative costs associated with maintaining the register and processing the various requests related to design registration and alterations. Furthermore, the Regulations mandate that all fees must be paid in accordance with the prescribed schedule, and failure to do so may result in delays or refusals in processing the applicant's requests.
Failure to comply with the fees outlined in the Regulations may have legal consequences. While the text does not explicitly state penalties for non-payment or incorrect payment, it is reasonable to infer that the Registrar may refuse to process applications or amend records without the correct fees being paid. This could potentially lead to delays in registering designs or correcting errors, which could have significant implications for the applicants' ability to protect their intellectual property. Additionally, the requirement to pay fees for inspections, copies, and certificates suggests that non-payment may result in the denial of access to these services, which could be critical in legal proceedings or other contexts where proof of registration is necessary.