Note: An electronic version of this Act is available on the Federal Register of Legislation 
(https://www.legislation.gov.au/ ) 
 
 
 
 
 
 
 
 
 
 
Designs Amendment (Advisory Council 
on Intellectual Property Response) Act 
2021  
 
No. 100, 2021 
 
 
 
 
 
An Act to amend the Designs Act 2003 , and for 
related purposes  
   
   
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No. 100, 2021  Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  i 
 Contents  
1 Short title  ................................ ................................ ...........................  2 
2 Commencement  ................................ ................................ .................  3 
3 Schedules  ................................ ................................ ...........................  4 
Schedule  1—Grace period  5 
Designs Act 2003  5 
Schedule  2—Infringement exemption for prior use  8 
Designs Act 2003  8 
Schedule  3—Registration of designs —removal of publication 
option  11 
Designs Act 2003  11 
Schedule  4—Relief from infringement before registr ation  17 
Designs Act 2003  17 
Schedule  5—Right of exclusive licensee to bring infringement 
proceedings  19 
Designs Act 2003  19 
Schedule  6—Formal requirements  22 
Designs Act 2003  22 
Schedule  7—Other amendments  24 
Part 1—Standard of the informed user  24 
Designs Act 2003  24 
Part 2—Revocation of registration of design  25 
Designs Act 2003  25 
Part 3—Renewal of registration of design  26 
Designs Act 2003  26 
 
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2 Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  No. 100, 2021  
 
 
 
 
Designs Amendment (Advisory Council 
on Intellectual Property Response) Act 
2021  
No. 100, 2021  
  
 
An Act to amend the Designs Act 2003 , and for 
related purposes  
[Assented to 10 September 2021 ] 
The Parliament of Australia enacts:  
1  Short title  
  This Act is the Designs Amendment (Advisory Council on 
Intellectual Property Response) Act 202 1. 
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No. 100, 2021  Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  3 
 2  Commencement  
 (1) Each provision of this Act specified in colu mn 1 of the table 
commences, or is taken to have commenced, in accordance with 
column 2 of the table. Any other statement in column 2 has effect 
according to its terms.  
 
Commencement information  
Column 1  Column 2  Column 3  
Provisions  Commencement  Date/Details  
1.  Sections  1 to 3 
and anything in 
this Act not 
elsewhere covered 
by this table  The day this Act receives the Royal Assent.  10 September 
2021  
2.  Schedules  1 to 
6 A single day to be fixed by Proclamation.  
However, if the provisions do not commence 
within the period of 6 months beginning on 
the day this Act receives the Royal Assent, 
they commence on the day after the end of 
that period.   
3.  Schedule  7, 
Parts  1 and 2  The day after this Act receives the Royal 
Assent.  11 September 
2021  
4.  Schedule  7, 
Part 3 A single day to be fixed by Proclamation.  
However, if the provisions do not commence 
within the period of 6 months beginning on 
the day this Act receives the Royal Assent, 
they commence on the day after the end of 
that period.   
Note:  This table relates only to the provisions of this Act as originally 
enacted. It will not be amended to deal with any later amendments of 
this Act.  
 (2) Any information in column 3 of the table is not part of this Act. 
Information may be inserted in this colu mn, or information in it 
may be edited, in any published version of this Act.  
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4 Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  No. 100, 2021  
 3  Schedules  
  Legislation that is specified in a Schedule to this Act is amended or 
repealed as set out in the applicable items in the Schedule 
concerned, and any other item in a Schedule to this Act has effect 
according to its terms.  
Authorised Version C2021A00100Grace period   Schedule 1  
   
 
 
 
No. 100, 2021  Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  5 
 Schedule  1—Grace period  
   
Designs Act 2003  
1  Subsection  17(1) 
Repeal the subsection, substitute:  
 (1) For the purpose of deciding whether a design (the subject design ) 
is new and distinctive, the person making the decision must 
disregard any of the following publications or uses that occur in the 
period of 12 months ending at the end of the day before the priority 
date in relation to the subject design:  
 (a) a publicat ion or use of a design (which may or may not be 
the subject design) by  a relevant entity;  
 (b) a publication or use of a design (which may or may not be 
the subject design) by another person or body that derived or 
obtained the design from  a relevant entit y. 
Note:  For relevant entity , see subsection  (1D). 
 (1A) Subsection  (1) applies in relation to a publication or use that occurs 
on or after the commencement of Schedule  1 to the Designs 
Amendment (Advisory Council on Intellectual Property Response) 
Act 202 1 (whether the 12 -month period referred to in that 
subsection begins before, on or after that commencement) . 
 (1B) Paragraph  (1)(b) does not apply to the following publications:  
 (a) a publication by the Registrar under this Act;  
 (b) a publication by a pe rson or body in a foreign country if:  
 (i) the person or body has functions similar to the 
Registrar’s functions; and  
 (ii) the publication is under a law of that foreign country 
relating to designs;  
 (c) a publication by an agency or organisation that is established 
under, or in accordance with, an international agreement if: 
 (i) the agency or organisation  has functions including 
publishing designs to the public ; and  
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6 Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  No. 100, 2021  
  (ii) the publication is in accordance with an international 
agreement relating to design s or with a law relating to 
designs . 
 (1C) For the purposes of paragraph  (1)(b), if:  
 (a) the registered owner of the subject design establishes that : 
 (i) a relevant entity ; or 
 (ii) another entity in accordance with an authorisation from 
a relevant entity;  
  published or publicly used a design (the first design and 
which may or may not be the subject design) before a 
particular publication or use of a design (the other design ) by 
another person or body; and 
 (b) the other design is identical to, or s ubstantially similar in 
overall impression to, the first design;  
then it must be presumed that the other person or body derived or 
obtained the other design from  the relevant entity, unless it is 
establishe d that the other person or body created the other design 
without reference to, or knowledge of, the first design.  
 (1D)  For the purposes of this section, a relevant entity  is: 
 (a) the registered owner of the subject design; or  
 (b) any predecessor in title of the registered owner; or  
 (c) the person who created the subject design  if that person is not 
covered by paragraph  (a) or (b).  
 (1E) If a use of a design is to be disregarded because of subsection  (1), 
then that use must also be disregarded for the purposes of 
section  18. 
2  At the end of subsection  18(2) 
Add:  
Note:  Certain uses of the design are disregarded: see subsection  17(1E ). 
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No. 100, 2021  Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  7 
 3  Saving provision  
Subsection  17(1) of the Designs Act 2003 and regulations made for the 
purposes of paragraph  17(1)(a) or subsection  17(1) of t hat Act, as in 
force immediately before the commencement of this item, continue to 
apply on and after that commencement in relation to a publication or 
use that occurred before that commencement.  
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8 Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  No. 100, 2021  
 Schedule  2—Infringement exemption for prior 
use 
   
Designs A ct 2003  
1  At the end of subsection  71(1) 
Add:  
Note:  See section  4 for the application of th is Act. 
2  After section  71 
Insert:  
71A  Infringement exemption —prior use  
 (1) In relation to a registered design where the priority date of the 
design is on or after the commencement of this section, a person 
may, without infringing the registered design , do an act:  
 (a) that is referred to in paragraph  71(1)(a), (b), (c), (d) or (e); 
and 
 (b) that would infringe th at registered design apart from this 
subsection;  
if before that priority date:  
 (c) the person had:  
 (i) made a product, in relation to which the design became 
registered, which embodied a design (the comparable  
design ) that was identical to, or substantially similar in 
overall impression to, the design  that became registered; 
or 
 (ii) imported such a product into Australia for sale, or for 
use for the purposes of any trade or business; or  
 (iii) sold, hired or otherwise disposed of  such a product; or  
 (iv) used such a product in any way for the purposes  of any 
trade or business; or  
 (v) kept such a product for the purpose of doing any of the 
things mentioned in sub paragraph  (iii) or (iv); or  
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No. 100, 2021  Designs Amendment (Advisory Council on Intellectual Property 
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  (d) the person had taken definite steps (contractually or 
otherwise and whether or not in Australia) to do an act  
covered by paragraph  (c). 
Note:  For paragraph  (c)—see section  4 for the application of th is Act. 
 (2) Subsection  (1) does not apply unless immediately before the 
priority date of the registered design:  
 (a) either:  
 (i) the person was doing an act covered  by 
paragraph  (1)(c); or 
 (ii) the person was not doing such an act only because the 
person had temporarily stopped the doing of such an 
act; or  
 (b) either:  
 (i) the person was taking the steps covered by 
paragraph  (1)(d); or 
 (ii) the person was not taki ng such steps only because the 
person had temporarily stopped  the taking of such steps.  
Limit if comparable  design derived from registered owner etc.  
 (3) Subsection  (1) does not apply if the person derived the comparable  
design from one of the following entities:  
 (a) the person who became the registered owner  of the registered 
design referred to in subsection  (1); 
 (b) any predecessor in title of th e person referred to in 
paragraph  (a); 
 (c) the person who created that registered design if that person is  
not covered by paragraph  (a) or (b) ; 
unless the derivation was from information made publicly available 
by or with the consent of an entity covered by paragraph  (a) or (b) . 
Exemption for successors in title  
 (4) A person (the disposer ) may dispose to anot her person  the whole 
of the disposer’s entitlement under subsection  (1) or this subsection 
to do an act without infringing the registered design referred to in 
subsection  (1). If there is such a disposal,  the other person may, 
without infringing th at regis tered design, do an act : 
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10 Designs Amendment (Advisory Council on Intellectual Property 
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  (a) that is referred to in paragraph  71(1)(a), (b), (c), (d) or (e) ; 
and 
 (b) that would infringe th at registered design apart from this 
subsection.  
Exemption for persons who obtain products  
 (5) If a person sells or otherwise disposes of a particular product to 
another person:  
 (a) in accordance with subsection  (1) or (4)  or this subsection ; 
and 
 (b) without infringing the registered design referred to in 
subsection  (1); 
the other  person may , without infringing that registered design,  do 
an act:  
 (c) that is referred to in paragraph  71(1)(c), (d) or (e)  in relation 
to that product ; and  
 (d) that would infringe that registered design apart from this 
subsection.  
3  Section  72 (heading)  
Repeal the  heading, substitute:  
72  Infringement exemption —repairs  
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No. 100, 2021  Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  11 
 Schedule  3—Registration of designs —
removal of publication option  
   
Designs Act 2003  
1  Section  20 
Omit “or publication”.  
2  Paragraph  23(1)(d)  
Omit “, or published under section  57”. 
3  Sub section  23(3) 
Omit “or publication”.  
4  Paragraph  24(1)(c)  
Omit “or publication”.  
5  At the end of paragraph  24(1)(c)  
Add “and state the effect of sub sections  35(4) and (5)”.  
6  Subsection  32(4)  
Omit “or publication”.  
7  Subsection  33(1)  
Repeal the subsection, substitute:  
 (1) A design application lapses if the Registrar has given the applicant 
a notification under section  41 in respect of the application, and the 
applicant has not, within the period prescribed by the regulations:  
 (a) requested that the application be amended; or  
 (b) responded in writing to the notification as mentioned in 
subparagraph  41(c)(ii);  
in such a way that the Registrar is satisfied that the application 
meets the applicable requirements of Chapter  4. 
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12 Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  No. 100, 2021  
 8  Subsection  33(3)  
Repeal t he subsection.  
9  Chapter  4 (heading)  
Repeal the heading, substitute:  
Chapter  4—Registration of designs  
10  Section  34 
Omit:  
Part 2 permits an applicant to request registration or publication of 
all or any of the designs disclosed in a design application.  
substitute:  
Part 2 permits an applicant to request registration of all or any of 
the designs disclosed in a design application. If the applicant does 
not request registration of a design within a period prescribed by 
the regulations, the applicant is taken  to have made the request.  
11  Section  34 
Omit “or publish”.  
12  Section  34 
Omit “or 4”.  
13  Part 2 of Chapter  4 (heading)  
Repeal the heading, substitute:  
Part  2—Requests for registration  
14  Section  35 (heading)  
Repeal the heading, substitute:  
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No. 100, 2021  Designs Amendment (Advisory Council on Intellectual Property 
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 35  Request  for registration  
15  Before subsection  35(1)  
Insert:  
Actual requests for registration  
16  Subsection  35(1)  
Omit “or publication”.  
17  Paragraph  35(2)(b)  
Omit “(but see sections  37 and 38)”.  
18  At the end of section  35 
Add:  
Deemed requests for registration  
 (4) If: 
 (a) one design is disclosed in a design application; and  
 (b) at the end of the period applicable under  paragraph  (2)(b):  
 (i) the applicant has not made a request in relation to the 
design in accordance with subsections  (1) to (3); and 
 (ii) the applicant has not withdrawn the application in 
accordance with section  32; 
then the applicant is taken to have requested that the design be 
registered.  
 (5) If: 
 (a) more than one design is disclosed in a design application; and  
 (b) for a de sign (the subject design ) disclosed in the application, 
at the end of the period applicable under paragraph  (2)(b) in 
relation to the subject design:  
 (i) the applicant has not made a request in relation to the 
subject design in accordance with subsections  (1) to (3); 
and 
 (ii) the subject design has not been excluded from the 
application by an amendment under section  28; and  
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14 Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  No. 100, 2021  
  (iii) the applicant has not withdrawn the application in 
accordance with section  32; and  
 (iv) the applicant has not withdrawn the s ubject design from 
the application in accordance with section  32; 
then the applicant is taken to have requested that the subject design 
be registered.  
Note:  Subsection  (5) applies separately in relation to each design that is 
disclosed in the design applic ation.  
Relationship with section  36 
 (6) This section is subject to section  36. 
19  Sections  36 to 38  
Repeal the sections, substitute:  
36  Request in respect of designs excluded from an application in 
respect of more than one design  
  A person who files a design application (the later application ) in 
respect of designs excluded from an initial application is taken, at 
the time the later application is filed, to have requested registration 
of all the designs disclosed in the later applic ation.  
20  At the end of paragraph  39(1)(b)  
Add “(including a request taken to have been made under 
subsection  35(4))”.  
21  At the end of paragraph  40(1)(b)  
Add “(including a request taken to have been made under 
subsection  35(5))”.  
22  Paragraph  41(c) 
Omit “paragraph  33(1)(b)”, substitute “subsection  33(1)”.  
23  Part  4 of Chapter  4 
Repeal the Part.  
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No. 100, 2021  Designs Amendment (Advisory Council on Intellectual Property 
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 24  Subsection  60(1)  
Omit “or published”.  
25  Paragraphs 60(1)(d) and (e)  
Omit “or publication”.  
26  Subparagraph  60(4)(b)(iii)  
Omit “was neither registered nor  published”, substitute “have not been 
registered”.  
27  Subsection  60(4)  
Omit “were not registered or published”, substitute “have not been 
registered”.  
28  Subsection  61(3)  
Omit “or publication”.  
29  Subsection  108(3)  
Omit “or published”.  
30  Paragraph  108(4)(b)  
Omit “or published”.  
31  Subsection  108(4)  
Omit “or published” (last occurring).  
32  Paragraph  136(1)(e)  
Repeal the paragraph.  
33  Subsection  137(7) ( paragraph  (b) of the definition of 
relevant act ) 
Omit “or publication”.  
34  Section  146 
Omit “or publication”.  
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16 Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  No. 100, 2021  
 35  Paragraph  149(2)(i)  
Omit “or publication”.  
36  Application provisions  
(1) The amendments of section  23 of the Designs Act 2003 made by this 
Schedule apply in relation to initial applications filed under section  21 
of that Act on or after the commencement of this item.  
(2) The amendments of sections  24, 32, 33, 35, 39, 40, 41, 60, 61, 108, 136, 
137 and 146 of the Designs Act 2003 , the repeal of sections  36 to 38 
and of Part  4 of Chapter  4 of that Act  and the substitution of section  36 
of that Act made by this Schedule apply in relation to design 
applications filed under section  21 of that Act on or after the 
commencement of this item.  
Authorised Version C2021A00100Relief from infringement before registration   Schedule 4  
   
 
 
 
No. 100, 2021  Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  17 
 Schedule  4—Relief from infringement before 
registration  
   
Designs Act 2003  
1  After subsection  75(1) 
Insert : 
Relief for defendant —infringement before date of registration  
 (1A)  To the extent that the infringement proceedings relate to an 
infringement occurring before the date on which the design was 
registered, the court may : 
 (a) refuse to award damages ; or 
 (b) reduce the damages that would otherwise be awarded ; or 
 (c) refuse to make an order for an account of profits ; 
if the defendant satisfies the court  that, at the time of the 
infringement, the defendant was not aware, and could not 
reasonably have been e xpected to be aware, that an application in 
respect of the design had been filed under section  21. 
2  Before subsection  75(2) 
Insert:  
Relief for defendant —infringement on or after date of registration  
3  Subsection  75(2) 
Omit “The court”, substitute “To th e extent that the infringement 
proceedings relate to an infringement occurring on or after the date on 
which the design was registered, the court”.  
4  Before subsection  75(3) 
Insert:  
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18 Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  No. 100, 2021  
 Additional damages  
5  Before subsection  75(4) 
Insert:  
Prima facie evidenc e 
6  Before subsection  75(5) 
Insert:  
Definitions  
7  Application provision  
The amendments made by this Schedule apply in relation to a design 
that becomes a registered design on or after the commencement of this 
item, where the design application was filed under section  21 of the 
Designs Act 2003  on or after that commencement.  
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No. 100, 2021  Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  19 
 Schedule  5—Right of exclusive licensee to 
bring infringement proceedings  
   
Designs Act 2003  
1  Section  5 
Insert:  
exclusive licensee  has the meaning given by section  5B. 
2  After section  5A 
Insert:  
5B  Definition  of exclusive licensee  
 (1) For the purposes of this Act, an exclusive licensee is a licensee 
under a licence granted by the registered owner of a registered 
design that confers on the licensee, or on the licensee and perso ns 
authorised by the licensee, the exclusive rights in the design 
mentioned in paragraphs 10(1)(a) to (e) to the exclusion of the 
registered owner and all other persons.  
 (2) Subsection  (1) applies whether or not the licence also confers on 
the licensee th e exclusive right in the design mentioned in 
paragraph  10(1)(f) to the exclusion of the registered owner and all 
other persons.  
3  Section  70 
After “ Part 2 also provides that the registered owner of a design”, insert 
“or an exclusive licensee”.  
4  Subsecti on 71(1) 
After “registered owner of the design”, insert “or an exclusive licensee”.  
5  At the end of paragraph  71(2)(b)  
Add “or an exclusive licensee”.  
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20 Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  No. 100, 2021  
 6  Paragraph  72(2)(a)  
After “a person”, insert “(the first person )”. 
7  Paragraph  72(2)(b)  
Omit “the per son”, substitute “the first person”.  
8  Subsection  72(2) 
Omit “the registered owner of the design”, substitute “the person 
bringing the infringement proceedings”.  
9  Subsection  72(2) 
Omit “the person knew”, substitute “the first person knew”.  
10  Subsectio n 73(1) 
After “registered owner of a registered design”, insert “, or an exclusive 
licensee,”.  
11  After subsection  73(2) 
Insert:  
 (2A)  If an exclusive licensee brings infringement proceedings, the 
licensee must make the registered owner of the registered design a 
defendant in the proceedings, unless the registered owner is joined 
as a plaintiff.  
 (2B) If the registered owner of the registered design is made a defendant 
in the proceedings, the registered owner is not liable for costs if the 
registered owner  does not take part in the proceedings.  
12  Subsection  73(3) 
Omit “However, infringement”, substitute “Infringement”.  
13  Application and transitional provisions  
(1) The amendments of section  71 of the Designs Act 2003 made by this 
Schedule apply in relation to working out whether a registered design is 
infringed on or after the commencement of this item in relation to 
conduct engaged in on or after that commencement.  
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No. 100, 2021  Designs Amendment (Advisory Council on Intellectual Property 
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 (2) The amendments of section  72 of the Designs Act 2003 made by this 
Schedule apply  in relation to infringement proceedings brought on or 
after the commencement of this item.  
(3) The amendments of section  73 of the Designs Act 2003 made by this 
Schedule apply in relation to infringement proceedings brought by an 
exclusive licensee on or after the commencement of this item in relation 
to conduct engaged in on or after that commencement.  
(4) If, on or after the commencement of this item, an exclusive licensee 
brings infringement proceedings in relation to conduct engaged in 
before and on or  after that commencement, a court may grant relief 
under section  75 of the Designs Act 2003  only in relation to the conduct 
that was engaged in on or after that commencement.  
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22 Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  No. 100, 2021  
 Schedule  6—Formal requirements  
   
Designs Act 2003  
1  After paragraph  39(2)(a)  
Insert: 
 (aa) the design application complies with the formal requirements 
determined in an instrument under section  149A; and  
2  After paragraph  40(2)(c)  
Insert:  
 (ca) that the design application complies with the formal 
requirements determined in an instru ment under 
section  149A ; 
3  Subsection  144B(2)  
Repeal the subsection.  
4  At the end of Part 6 of Chapter  11 
Add:  
149A   Instrument determining formal requirements for design 
applications  etc. 
 (1) The Registrar may, by written instrument, determine formal 
requirements for the purposes of the following:  
 (a) paragraphs 39(2)(aa) and 40(2)(ca);  
 (b) a provision of the regulations, if that provision refers to this 
section.  
 (2) The Registrar must publish a notice, in accordance with the 
regulations, setting out  the determination.  
 (3) A determination under subsection  (1) is not a legislative 
instrument.  
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No. 100, 2021  Designs Amendment (Advisory Council on Intellectual Property 
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 5  Application provision  
The amendments of sections  39 and 40 of the Designs Act 2003 made 
by this Schedule apply in relation to design application s filed under 
section  21 of that Act on or after the commencement of this item.  
Authorised Version C2021A00100Schedule 7   Other amendments  
Part 1   Standard of the informed user  
 
 
 
24 Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  No. 100, 2021  
 Schedule  7—Other amendments  
Part 1—Standard of the informed user  
Designs Act 2003  
1  Subsection  19(4) 
After “standard of a person”, insert “(the familiar person )”. 
2  Subsection  19(4) 
Omit “ (the standard of the informed user )”, substitute “(whether or not 
the familiar person is a user of the product to which the design relates or 
of products similar to the product to which the design relates)”.  
3  Subsection  72(4) 
Omit “of the informed user”,  substitute “of a person who is familiar 
with the complex product, or products similar to the complex product 
(whether or not the person is a user of the complex product or of 
products similar to the complex product)”.  
4  Subsection  72(5) (definition of standard of the informed 
user ) 
Repeal the definition.  
5  Application provisions  
(1) The amendments of section  19 of the Designs Act 2003  made by this 
Part apply in relation to design applications filed under section  21 of 
that Act on or after the commencemen t of this item.  
(2) The amendments of section  72 of the Designs Act 2003 made by this 
Part apply in relation to a design that becomes a registered design on or 
after the commencement of this item, where the design application was 
filed under section  21 of that Act on or after that commencement.  
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Revocation of registration of design   Part 2  
 
 
 
No. 100, 2021  Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  25 
 Part 2—Revocation of registration of design  
Designs Act 2003  
6  Paragraph  93(3)(d)  
After “design”, insert “ , or the certificate of examination ,”. 
7  After subsection  93(3) 
Insert:  
 (3A)  A court must not make an order under this section on the ground 
covered by paragraph  (3)(b) or (c) unless the court is satisfied that, 
in all the circumstances, it is just and equitable to do so.  
8  Application provision  
The amendments made by this Part ap ply in relation to applications 
made under subsection  93(1) of the Designs Act 2003 on or after the 
commencement of this item.  
Authorised Version C2021A00100Schedule 7   Other amendments  
Part 3   Renewal of registration of design  
 
 
 
26 Designs Amendment (Advisory Council on Intellectual Property 
Response) Act 2021  No. 100, 2021  
 Part 3—Renewal of registration of design  
Designs Act 2003  
9  At the end of section  47 
Add:  
 (4) To avoid doubt, if:  
 (a) the regi stered owner of a registered design applies for 
renewal of the registration of the design; and  
 (b) the application is made within the period prescribed for the 
purposes of subsection  (2) and the application is in the form 
prescribed for the purposes of subsection  (3); and  
 (c) the Registrar renews the registration of the design; and  
 (d) the renewal occurs after the end of the period mentioned in 
paragraph  46(1)(a);  
then the registration of the design does not cease during the period 
beginning on the day a fter the end of the period mentioned in 
paragraph  46(1)(a) and ending on the day the renewal occurs.  
10  Application provision  
The amendment made by this Part applies in relation to a registered 
design, where the period mentioned in paragraph  46(1)(a) of t he 
Designs Act 2003 ends on or after the commencement of this item 
(whether the application for renewal of the registration of the design is 
made before, on or after that commencement).  
 
 
 
 
[Minister’s second reading speech made in — 
Senate on 2 December 2020  
House of Representatives on 30 August 2021 ] 
 
 
(154/20)  
Authorised Version C2021A00100