STATUTORY RULES.
1934. No. 121.
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REGULATIONS UNDER THE DESIGNS ACT 1906-1934.*
WHEREAS it is provided by sub-section (3.) of section 29 of the Designs Act 1906-1934 that where it appears expedient and in the interests of any trade or industry so to do, the Governor-General may make Regulations dispensing with or modifying the provisions of sub-section (1.) of that section in its application to any class or description of articles to such extent and subject to such conditions as he thinks fit:
And whereas it appears expedient and in the interests of the textiles industry to dispense with the provisions of sub-section (1.) of section 29 of the Designs Act 1906-1934 in its application to printed or woven textile piece goods, other than handkerchiefs:
Now therefore 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 1906-1934.
Dated this twenty-sixth day of September, 1934.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
J. G. LATHAM
Attorney-General.
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Amendments to Designs Regulations 1906. †
1. After regulation 52 of the Designs Regulations 1906 the following regulation is inserted:—
Dispensation as regards marking.
“52a. The provisions of sub-section (1.) of section 29 of the Act, and the provisions of these Regulations as to the marking of articles to which registered designs are applied, shall be dispensed with in so far as those provisions are applicable to printed or woven textile piece goods, other than handkerchiefs.”.
Form A, A1 and A2.
2. The Third Schedule to the Designs Regulations 1906 is amended by omitting from Forms A, A1 and A2 the words “new and original” and inserting in their stead the words “new or original”.
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* Notified in the Commonwealth Gazette on 27th September, 1934.
† Statutory Rules 1907, No. 51, as amended by Statutory Rules 1915, No. 178; 1930, No. 150; and 1934, No. 1.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4081.—Price 3d.
Overview
The Designs Regulations 1934, enacted under the Designs Act 1906-1934, were introduced to address a specific gap in the regulation of design protection for printed or woven textile piece goods within the textiles industry. The regulations were established by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary policy objective of these regulations was to provide flexibility and convenience for the textiles industry by dispensing with certain marking requirements for textile goods, other than handkerchiefs, under the Designs Act. This legislative action aimed to streamline the application of design protection regulations to better suit the practical needs of the industry while maintaining the overall integrity of design protection laws.
Scope and Application
The Designs Regulations 1934, as amended, pertain specifically to the textiles industry within the Commonwealth of Australia, focusing on printed or woven textile piece goods, excluding handkerchiefs. This legislative instrument dispenses with certain provisions of the Designs Act 1906-1934 regarding the marking requirements for these textile goods, thereby modifying the regulatory framework for the registration and protection of designs in this sector. The modifications allow for flexibility in the marking of textile goods, altering the requirements from “new and original” to “new or original” in relevant forms. These changes are intended to serve the interests of the industry by streamlining the registration process and potentially reducing administrative burdens associated with compliance. The application of these regulations is strictly within the national jurisdiction of Australia, as they are made under the authority of the Governor-General and are subject to the Designs Act 1906-1934.
Key Provisions
The primary operative sections of this Statutory Rule concern the dispensation of certain provisions of the Designs Act 1906-1934 and its regulations as they apply to printed or woven textile piece goods, excluding handkerchiefs. Specifically, regulation 52a of the Designs Regulations 1906 is introduced to exempt these goods from the marking requirements specified in sub-section (1) of section 29 of the Act and the marking provisions in the regulations (Regulation 1). Additionally, the Third Schedule to the Designs Regulations 1906 is amended to adjust the terminology from "new and original" to "new or original" in Forms A, A1, and A2 (Regulation 2).
These regulations impose obligations on the textile industry by exempting certain goods from specific marking requirements that are otherwise mandated by the Designs Act 1906-1934 and its regulations. This dispensation aims to streamline processes and alleviate some of the administrative burdens associated with compliance, particularly for printed or woven textile piece goods other than handkerchiefs. The modifications to the Third Schedule further ensure that the terminology used in application forms aligns with the legislative intent, facilitating clarity and ease of compliance.
The Statutory Rules do not explicitly outline offences, penalties, or civil/criminal consequences for breaches of these regulations. However, it is important to note that any failure to comply with the Designs Act 1906-1934 or its regulations, even in the context of these dispensations, could potentially lead to legal repercussions. These may include actions for infringement of design rights, which are governed by other sections of the Act and could result in civil penalties or legal action to enforce compliance or seek damages. The specific penalties for infringement are not detailed within this Statutory Rule but are instead found in other provisions of the Designs Act 1906-1934.