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Designs Act 2003

No. 147, 2003

Compilation No. 25

Compilation date: 14 October 2024

                Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Designs Act 2003 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents
Chapter 1—Introductory
Part 1—Preliminary
1 Short title
2 Commencement
3 Crown to be bound
4 Application of the Act
Part 2—Interpretation
5 Definitions
5A Meaning of Convention country
5B Definition of exclusive licensee
6 Definition of product
7 Definition of visual feature
8 References in this Act to a design
Chapter 2—Design rights, ownership and registrable designs
Part 1—Simplified outline of Chapter 2
9 Simplified outline
Part 2—Design rights
10 Exclusive rights of registered owners
11 Assignment of interest in a design
12 Power of registered owner to deal with registered design
Part 3—Ownership of designs
13 Who is entitled to be registered as the registered owner of a design
14 Ownership of registered designs
Part 4—Registrable designs: Validity
Division 1—Registrable designs
15 Registrable designs
16 Designs that are identical or substantially similar in overall impression
17 Certain things to be disregarded in deciding whether a design is new and distinctive
18 Certain designs not to be treated as other than new and distinctive
Division 2—Substantial similarity in overall impression