Designs (Temporary) Regulations 1914 (Provisional)

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STATUTORY RULES.

1914. No. 176.

————

PROVISIONAL REGULATIONS UNDER THE DESIGNS ACT 1906–1912, AND THE PATENTS, TRADE MARKS AND DESIGNS ACTS 1914.

I, SIR ARTHUR STANLEY, the, duly-appointed Deputy of the Governor-General, in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Designs Act 1906–1912 and the Patents, Trade Marks and Designs Acts 1914 should come into operation as from the date of the commencement of the Patents, Trade Marks and Designs Acts 1914, and make the Regulations to come into operation as from that date as Provisional Regulations.

Dated this third day of December, One thousand nine hundred arid fourteen.

By His Excellency’s Command,

A. L. STANLEY,

Deputy of the Governor-General.

W. M. HUGHES,

Attorney-General.

DESIGNS (TEMPORARY) REGULATIONS.

1. These Regulations may be cited as the Designs (Temporary) Regulations 1914.

2. In these Regulations—

“Person” means and includes, in addition to the meaning thereto given by section twenty-two Of the Acts Interpretation Act 1901, any Department of the Government of the Commonwealth or of a State.

3. (1) The Minister may, on the application of any person, and subject to such terms and conditions, if any, as he thinks fit, order the avoidance or suspension, in whole or in part, of the registration, and all or any rights conferred by the registration, of any design the proprietor whereof is a subject of any State at war with the King, and the Minister, before granting any such application, may require to be satisfied on the following heads:—

(a) That the proprietor is a subject of a State at war with the King;

(b) That the person applying intends to manufacture, or cause to be manufactured, the goods or any of them in respect of which the design is registered; and

(c) That it is in the general interests of the Commonwealth or of a section of the community, or of a trade, that the avoidance or suspension should be ordered.

(2) The fee to be paid on any such application shall be that specified in the First Schedule to these Regulations.

(3) An application under this Regulation shall be in accordance with the form in the Second Schedule to these Regulations, and shall be filed at the Designs Office.

4. (1) The Minister may, at any time, in his absolute discretion, revoke any avoidance or suspension ordered by him.

(2) For the purpose of exercising in any case the powers of avoidance or suspension, the Minister may appoint such person or persons as he thinks fit to hold an inquiry.

(3) Any application to the Minister for any such avoidance or suspension may be referred for hearing and inquiry to such person or persons as aforesaid, who shall report thereon to the Minister.

5. Notwithstanding anything in these Regulations contained, the Minister may, at any time, if in his absolute discretion he deems it expedient in the public interest so to do, order the avoidance or suspension, in whole or in part, of any such registration, and all or any rights conferred by the registration, of a design upon such terms and conditions, if any, as he thinks fit.

6. In any case in which the Minister makes an order in pursuance of the Patents, Trade Marks and Designs Acts 1914 avoiding or suspending the registration, and all or any rights conferred by the registration of any design, the Minister may, in his discretion, grant in favour of persons, other than the subject of any State at war with the King, licences to apply the registered design, so avoided or suspended, upon such terms and conditions, and either for the whole term of the registration of the design or for such less period as the Minister thinks fit.

7. The Minister may, at any time during the continuance of these Regulations, direct the Registrar of Designs to avoid or suspend any application made under the Designs Act 1906–1912, by a subject of any State at war with the King.

8. The Minister or the Registrar may, at any time during the continuance of these Regulations, extend the time prescribed by the Designs Act 1906–1912, or any Regulations made thereunder, for doing any act or filing any document, upon such terms and subject to such conditions as he thinks fit, in the following cases, namely:—

(a) Where it is shown to his satisfaction that the applicant or proprietor, as the case may be, was prevented from doing the said act or filing the said document by reason of active service or enforced absence from the Commonwealth, or any other circumstances arising from the present state of war, which, in the opinion of the Minister or the Registrar, would justify such extension;

(b) Where the doing of any act would, by reason of the circumstances arising from the present state of war, be prejudicial or injurious to the rights or interests of any applicant of proprietor as aforesaid.

9. (1) All things required or authorized to be done by to or before the Minister, other, than the granting of a licence under Regulation six of these Regulations, may be done by to or before any person authorized in that behalf by the Minister.

(2) All documents purporting to be orders made by the Minister and to be sealed with the seal of the Minister, or to be signed by any person authorized in that behalf by the Minister, shall be received in evidence and shall be deemed to be such orders without further proof unless the contrary is shown.

(3) A certificate signed by the Minister that any order made or act done is the order or act of the Minister shall be conclusive evidence of the fact so certified.

First Schedule.

	£	s.	d.
Fee payable on application to the Designs Office under Regulation 3 for the avoidance or suspension of the registration of a design	2	0	0

Form P.

Second Schedule.

The Designs Act 1906–1912, and the Patents, Trade Marks and Designs Acts 1914.

(1) Here insert (in full) name, address, and description or calling of person or persons applying.

(2) Here insert number and class in which the Design is registered.

I/We (1).............................................................

.......................................................................

hereby request the Minister to order the avoidance or suspension of the registration of Design No. (2)............ registered in Class................................................ for.....................................................

Dated this day of

(Signed)

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

C.16139.—Price 3d.

Overview

The Designs (Temporary) Regulations 1914, enacted as a statutory rule under the authority of the Designs Act 1906–1912 and the Patents, Trade Marks and Designs Acts 1914, were introduced to address the urgent need to manage design registrations during wartime, specifically when Australia was engaged in conflict with nations that were also parties to these Acts. The Regulations were made by the Governor-General's Deputy, Sir Arthur Stanley, acting on advice from the Federal Executive Council, reflecting the urgency necessitated by the ongoing war. The policy objective behind these Regulations was to allow the Minister to avoid or suspend the registration of designs owned by subjects of enemy states, thereby protecting national interests and enabling the manufacture of these designs by Australian entities. This was intended to support the war effort and mitigate the impact of design monopolies held by enemy nationals.

Scope and Application

The Designs (Temporary) Regulations 1914, as a statutory rule, applies to any person, including any Department of the Government of the Commonwealth or of a State, and operates under the Designs Act 1906–1912 and the Patents, Trade Marks and Designs Acts 1914. The scope of these regulations is specifically tailored to address situations arising from the state of war, allowing the Minister to avoid or suspend the registration and rights of designs belonging to subjects of states at war with the King. The application of these provisions is not limited by geographic or jurisdictional boundaries, as it extends to any subject of a state at war with the King, wherever they may be. However, the regulations exclude any application or registration process that is not directly related to the state of war. The regulations can be extended or restricted through subordinate instruments, allowing for flexibility in their application according to the evolving circumstances of the war. The fees for applications and forms for such applications are outlined in the First and Second Schedules respectively.

Key Provisions

The Designs (Temporary) Regulations 1914 provide a framework for the management of design registrations in times of war, particularly concerning subjects of states at war with the King. Section 3 outlines the circumstances under which the Minister may order the avoidance or suspension of design registration, and Section 6 details the conditions under which such orders may be made. The Minister is empowered to grant licenses to other parties to use these designs under Section 6, ensuring continued use and innovation in the public interest. These Regulations impose several obligations on the parties involved. The Minister must consider specific factors, such as the applicant's intent to manufacture the goods and the public interest, before making an order to avoid or suspend a registration under Section 3. Additionally, Section 8 allows the Minister or the Registrar to extend deadlines for compliance with the Designs Act 1906–1912 if the applicant or proprietor has been prevented from acting due to active service or other war-related circumstances. Section 9 clarifies that certain actions may be delegated to authorised individuals, and documents signed by these authorised persons are deemed to be valid without further proof unless contradicted. Under these Regulations, several breaches can lead to consequences. The act of forging a Minister's order or unauthorised person's signature is considered a serious offence, as per Section 9(3). Although the Regulations do not explicitly outline criminal penalties, they align with the broader Acts they supplement, which may impose penalties for breaches. For instance, under the Designs Act 1906–1912, penalties for offences such as fraudulent registration or using a registered design without permission can include fines and imprisonment. The specific penalties would depend on the severity and nature of the breach, as defined in the overarching Acts.

Area of Law: Intellectual Property Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Enforcement Powers; Regulatory Standards

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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.

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