Document ID: chunk:federal_register_of_legislation:C2024C00854:section:77:p2
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 77 (pt 2/2)
Character Range: 231342–232369

an application for the registration of the design under the Designs Act 1906 in respect of those articles, or under the Designs Act 2003 in respect of those products, had been refused;
 (b) the reason, or one of the reasons, given for the refusal was that the design was excluded from registration under that Act by regulations made under that Act; and
 (c) when the proceedings were commenced, no appeal against the refusal had been allowed or was pending.
 (4) The regulations may specify the circumstances in which a design is, for the purposes of this section, to be taken to be applied industrially.
 (5) In this section:
building or model of a building does not include a portable building such as a shed, a pre‑constructed swimming pool, a demountable building or similar portable building.
complete specification has the same meaning as in the Patents Act 1990.
design application has the same meaning as in the Designs Act 2003.
representation, in relation to a design, has the same meaning as
in the Designs Act 2003.