Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p26
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 61098–64028

date fixed by Proclamation under sub-section 2 (3).

(2) The amendment made by section 31, insofar as it applies in relation to applications for registration of designs, applies in relation to such applications made after the date fixed by Proclamation under sub-section 2 (2).

Transitional provision in relation to designs registered in accordance with section 24a of Principal Act
37. Where, immediately before the date fixed by Proclamation under sub-section 2 (3), a design registered under the Principal Act was a design registered in accordance with section 24a of that Act, then, on and after that date—
      (a) that design shall be deemed to be a design to which section 25d of the Designs Act 1906 applies; and
      (b) the design that was the original registered design in relation to that first-mentioned design shall be deemed to be the original design, within the meaning of section 25d of the Designs Act 1906, in relation to that first-mentioned design.

SCHEDULE Section 33

CONSEQUENTIAL AMENDMENTS OF COPYRIGHT ACT 1968

1. The following provisions of the Principal Act are amended by omitting "copyright" (wherever occurring) and substituting "monopoly":
Paragraphs 75 (a) and (b) and 76 (1) (b).
2. The Principal Act is further amended as set out in the following table:
Provision                            Amendment
Sub-section 8 (1).........           Omit "or of the Designs Act 1906-1968"
  Heading to Division 8 of Part III  Omit "Industrial"
Sub-section 74 (2)........           Omit, substitute the following sub-section:
                                     "(2) In this Division—
                                       (a) a reference to the scope of the monopoly in a registered design is a reference to the aggregate of the things that, by virtue of the Designs Act 1906, the person registered as the owner, or all persons registered as owners, of the design has, or have, the exclusive right to do; and
                                       (b) a reference to the scope of the monopoly in a registered design as extended to all associated designs and articles is a reference to the aggregate of the things that, by virtue of that Act, the person registered as the owner, or all persons registered as owners, of the design would have had the exclusive right to do if—
                                           (i) when that design was registered, there had at the same time been registered every other related design capable of being registered by virtue of section 25d of that Act, and the person registered as the owner, or all persons registered as owners, of that design had been registered as the owner, or owners, of every such other related design; and
                                           (ii) that design, and every other related design capable of being registered by virtue of section 25d of that Act, had been registered in respect of all the articles to which it was capable