Document ID: chunk:federal_register_of_legislation:C2024C00672:section:156
Version: federal_register_of_legislation:C2024C00672
Segment Type: section
Provision Reference: s 156
Character Range: 160097–161638

156  Infringement under old Act
 (1) This section applies to the following designs:
 (a) a design that was at any time registered under the old Act and had not been expunged from the Register under the old Act (whether or not the design is a design to which section 151 applies); and
 (b) a design that was registered after the commencing day as a result of an application to which the old Act applied because of section 153.
 (2) If:
 (a) either of the following applies:
 (i) a person engages, before the commencing day, in conduct that infringed the monopoly in the design under the old Act;
 (ii) a person engages, after the commencing day, in conduct that would have infringed the monopoly in the design under the old Act if that Act were still in force; and
 (b) an action relating to that infringement was not pending immediately before the commencing day;
an action may be brought under this Act for infringement of the design.
 (3) However, in an action under subsection (2):
 (a) the old Act continues to apply for the purposes of determining whether the person's conduct infringed the monopoly in the design; and
 (b) this Act does not apply for the purposes of determining whether the person's conduct infringed the monopoly in the design; and
 (c) a person is not entitled to any injunction or other relief to which the person would not have been entitled under the old Act.
 (4) Subsection (2) is subject to any law with respect to the time period within which an action of a kind mentioned in that subsection may be started.