Designs Regulations 2004

In force

Administered by

Department of Industry, Science and Resources

This item is authorised by the following title:

Designs Act 2003

Superseded version

View latest version

F2004B00136

10 June 2004 - 24 November 2004

This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003

Table of contents

1.01 Name of Regulations
1.02 Commencement
1.03 Designs Regulations 1982 — repeal
1.04 Interpretation
1.05 Convention countries
2.01 Certain things to be disregarded in deciding whether a design is new and distinctive
3.01 Minimum filing requirements
3.02 Applications covering excluded designs
3.03 Notice — minimum filing requirements
3.04 Publication of receipt of application
3.05 Filing date
3.06 Priority date — designs disclosed in basic applications
3.07 Certain basic applications to be disregarded
3.08 Priority date — excluded designs
3.09 Request for amendment of application
3.10 Disputes between applicants — requests for determinations
3.11 Requests for direction specifying persons as applicants or entitled persons
3.12 Publication of certain details of amended applications
3.13 Withdrawal of designs and design applications
3.14 Period within which application lapses
3.15 Form of notice
4.01 Requests for registration or publication
4.02 Subsequent requests for registration — applications in respect of more than 1 design
4.03 Period within which replacements of request may be made
4.04 Formalities check — applications in respect of 1 design only
4.05 Formalities check — applications in respect of more than 1 design
4.06 Registrar must refuse to register certain designs
4.07 Period within which Registrar must register certain designs after refusal
4.08 Certificate of registration and notice of registration
4.09 Renewal of registration
4.10 Surrender of registration
4.11 Revocation of registration on surrender
4.12 Revocation of registration on grounds relating to entitled persons
4.13 Notice of revocation of registration
4.14 Applications by entitled persons after revocation following surrender of registration
4.15 Publication of a design
5.01 Requirements for request for examination of design
5.02 Grounds for revocation of registration of design
5.03 Examination of design — procedures
5.04 Period in which examination of a design must be completed
5.05 Amendment of registration
5.06 Certificate of examination and notice of examination
5.07 Revocation of registration after examination
5.08 Material provided to Registrar
7.01 Application to court for compulsory licence
7.02 Revocation of registration after grant of compulsory licence
8.01 Acquisition of design by the Commonwealth
8.02 Period within which designs must be registered or published after prohibition
9.01 Other particulars to be entered in the Register
9.02 Inspection of Register
9.03 Amendments of Register to record changes of ownership
9.04 Notice specifying amendments to Register
9.05 Correction of Register
10.01 Delegation by Registrar
10.02 Costs (Act s 127)
11.01 Fees payable
11.02 Failure to pay — fee for filing a design application
11.03 Failure to pay — fee for filing a request for registration covering a further design
11.04 Failure to pay — fee payable by the registered owner for filing a request for examination
11.05 Failure to pay — fee payable by the registered owner in relation to a request for examination filed by another person
11.06 Failure to pay — certain other fees for filing
11.07 Failure to pay — fee for requesting a hearing
11.08 Failure to pay — fee for appearing at a hearing
11.09 Failure to pay — fees for requesting supply of documents by the Registrar
11.10 Consequences if Registrar does not invite payment
11.11 Exemption from fees (Act s 149)
11.12 Recovery of fees
11.13 Extensions of time for doing a relevant act
11.14 Consequence of extension — notice of restoration
11.15 Agents (Act s 141)
11.16 Right of lien of registered patent attorneys (Act s 142)
11.17 Filing of documents
11.18 Documents to be in English
11.19 Service of documents
11.20 Address for correspondence
11.21 Death of applicant or registered owner (Act s 146, s 147)
11.22 Exercise of discretionary powers by Registrar (Act s 148)
11.23 Hearings
11.24 Practice and procedure in relation to applications, oppositions and other matters
11.25 Evidence
11.26 Declarations
11.27 Non compliance in relation to documents other than design applications
11.28 Directions for actions not otherwise prescribed
11.29 Acting for persons unable to act
11.30 Requirements that cannot be complied with for reasonable causes
11.31 Review of decisions
12.01 Conversion of transitional applications
12.02 Former Designs Regulations — transitional
- Schedule 1 Convention countries
- Schedule 2 Formal requirements
- Schedule 3 Costs
- Part 1 Costs
- Part 2 Expenses and allowances
- Schedule 4 Fees

Designs Regulations 2004

Legislation text