Document ID: chunk:federal_register_of_legislation:C2024C00672:section:139
Version: federal_register_of_legislation:C2024C00672
Segment Type: section
Provision Reference: s 139
Character Range: 145128–146114

139  Protection of third parties
 (1) This section applies if the registration of a design ceases to be in force because of a failure to do a relevant act (within the meaning of section 137) and is subsequently restored under section 138.
 (2) A person who took definite steps to use the design commercially after the registration of the design ceased to be in force but before the registration is restored may:
 (a) continue to use the design after the registration is restored; or
 (b) sell the right to use the design to another person.
 (3) However, the person must not grant a licence to another person to use the design.
 (4) A person who purchases a right under paragraph (2)(b) must not sell to another person the right to use the design or grant a licence to another person to use the design.
 (5) A person who continues to use a design because of paragraph (2)(a) or used the design after purchasing it as mentioned in subsection (4) does not infringe the registered design.