Designs Regulations (Amendment) 1994 No. 180
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 180
Issued by the Authority of the Minister for Small Business, Customs and Construction
Designs Act 1906
Designs Regulations (Amendment)
The Statutory Rules amend the Designs Regulations (the Regulations) to provide the mechanism for amending or altering an entry in the Register of Designs (the register) to correct a clerical error or an obvious mistake for the purposes of subsections 37(1A) and 37(1B) of the Designs Act 1906 (the Act), prescribe persons who could be delegated all or any of the powers of the Registrar of Designs (the Registrar) under the Act and the Olympic Insignia Protection Act 1987, update the list of Convention countries, and make a number of minor consequential changes.
Details of the regulations made by these Statutory Rules are as follows:
Regulation 1 prescribes 29 June 1994 as the commencement day for the regulations.
Regulation 2 identifies the Designs Regulations as those to be amended.
Regulation 3 amends existing regulation 21 of the Regulations to provide the mechanism for amending or altering an entry in the register to correct a clerical error or an obvious mistake for the purposes of subsections 37(1A) and 37(1B) of the Act. New subregulations 21(2) to 21(8) prescribe the manner of requesting an amendment or alteration of an entry in the register for the purposes of correcting a clerical error or an obvious mistake and the processes to be followed in making an amendment or alteration to an entry in the register. New subregulation 21(9) provides that if the Registrar intends to amend or alter an entry in the register on his or her own initiative, then he or she may give notice of that intention to a person whose name is entered in the register as having an interest in the relevant design.
Regulation 4 inserts new regulation 50AA to the Regulations which prescribes persons to whom the powers of the Registrar under the Act (other than the powers under paragraphs 42A(a) and (c) of the Act) and under the Olympic Insignia Protection Act 1987, may be delegated, for the purposes of paragraph 8A(1)(a) of the Act.
Regulation 5 amends regulation 56 of the Regulations to omit the reference to correction of clerical errors in the register which would have been redundant in view of subsection 37(1A) of the Act, which is inserted by the Industry, Technology and Regional Development Legislation Amendment Act 1994.
Regulation 6 amends regulation 61 of the Regulations consequent on the amendment of regulation 21 of the Regulations (see regulation 3). Regulation 61 now provides that a person may apply to the Administrative Appeals Tribunal for review of a decision of the Registrar to allow, or to refuse, the request to amend or alter an entry in the register, for the purposes of correcting a clerical error or an obvious mistake.
Regulation 7 substitutes a new Form 6 in Schedule 1 to the Regulations consequent on the amendment of regulation 21 of the Regulations (see regulation 3). The new Form 6 now covers requests for amendment or alteration of an entry in the register for the purposes of correcting a clerical error or an obvious mistake.
Regulation 8 amends fee item 12 in Schedule 2 to the Regulations consequent on the amendment of regulation 21 of the Regulations (see regulation 3), such that that fee is payable on lodging a request to amend or alter an entry in the register for the purposes of correcting a clerical error or an obvious mistake.
Regulation 9 inserts Bosnia and Herzegovina, El Salvador, Georgia, Honduras, Kyrgyzstan, Lithuania, Paraguay, Taiwan, Tajikistan and The former Yugoslav Republic of Macedonia in the list of Convention countries in Schedule 2A to the Regulations, to the effect that these countries are declared to be Convention countries under regulation 7A of the Regulations, for the purposes of subsection 48(1) of the Act.
Regulation 10 inserts new Schedule 2B which lists prescribed persons for the purposes of new regulation 50AA of the Regulations (see regulation 4).
Overview
The Designs Regulations (Amendment) 1994 No. 180, issued under the authority of the Minister for Small Business, Customs and Construction, amends the Designs Regulations (1906) to address issues in the registration and management of design entries within the Register of Designs. This amendment was enacted to facilitate the correction of clerical errors or obvious mistakes in design entries, streamline the delegation of powers from the Registrar of Designs, and update the list of Convention countries for international design protection purposes. The policy objective is to ensure the integrity and accuracy of the register while improving the efficiency of administrative processes related to design registration. The amendment also includes minor consequential changes to align with the existing legislative framework, including updating forms and fee structures, and specifying persons to whom the Registrar's powers may be delegated.
Scope and Application
The Designs Regulations (Amendment) 1994 No. 180 applies to the Designs Act 1906, which governs the registration and protection of designs in Australia. The regulations target the process of amending or altering entries in the Register of Designs to correct clerical errors or obvious mistakes, and they also pertain to the delegation of the Registrar's powers under both the Designs Act 1906 and the Olympic Insignia Protection Act 1987. The scope extends to any person or entity that has an interest in a registered design, including the Registrar of Designs, and it encompasses the administrative processes and forms required to correct entries in the Register of Designs. The regulations are applicable nationally within Australia and aim to update the list of Convention countries under the Designs Act. The regulations do not specify exclusions but are subject to minor consequential changes as outlined in the Statutory Rules. The application of these regulations may be further defined or extended through subordinate instruments such as forms and fees schedules, as indicated by the various amendments and insertions into the existing Designs Regulations.
Key Provisions
The Designs Regulations (Amendment) 1994 No. 180 introduces several amendments to the Designs Regulations under the Designs Act 1906. The principal changes include mechanisms for correcting clerical errors or obvious mistakes in the Register of Designs, delegation of the Registrar's powers, updates to the list of Convention countries, and minor consequential amendments. Regulation 3 modifies regulation 21 to allow for the amendment or alteration of an entry in the Register of Designs to correct clerical errors or obvious mistakes (subsections 37(1A) and 37(1B) of the Act). New subregulations 21(2) to 21(9) detail the process for requesting such corrections and notify the Registrar's intention to alter an entry on their own initiative. Regulation 4 introduces new regulation 50AA, which specifies individuals who can be delegated the Registrar's powers under the Act and the Olympic Insignia Protection Act 1987. Regulation 5 removes the redundant reference to correcting clerical errors in the Register due to the insertion of subsection 37(1A) by the Industry, Technology and Regional Development Legislation Amendment Act 1994.
These amendments impose specific obligations on the Registrar and other relevant parties. The Registrar must now follow the new procedures outlined in regulation 21 for correcting errors in the Register of Designs. Additionally, the Registrar has the discretion to alter an entry on their own initiative and must notify interested parties as per subregulation 21(9). Regulation 50AA imposes a duty on designated individuals to exercise the Registrar's powers in accordance with the Act and the Olympic Insignia Protection Act 1987. Furthermore, Regulation 6 allows applicants to seek review of the Registrar's decisions on amendments or alterations in the Register from the Administrative Appeals Tribunal.
The Regulations also outline the consequences of non-compliance. While the Statutory Rules do not specify penalties for breaches of the amended Regulations, general provisions of the Designs Act 1906 may apply. For example, unauthorised use of a registered design could result in civil or criminal penalties, including fines and imprisonment, as stipulated in the Act. Furthermore, misuse of the Registrar's delegated powers could lead to administrative actions or legal recourse against the offending party.