Document ID: chunk:federal_register_of_legislation:C2024C00672:section:17:p2
Version: federal_register_of_legislation:C2024C00672
Segment Type: section
Provision Reference: s 17 (pt 2/2)
Character Range: 33482–34554

or body created the other design without reference to, or knowledge of, the first design.
 (1D) For the purposes of this section, a relevant entity is:
 (a) the registered owner of the subject design; or
 (b) any predecessor in title of the registered owner; or
 (c) the person who created the subject design if that person is not covered by paragraph (a) or (b).
 (1E) If a use of a design is to be disregarded because of subsection (1), then that use must also be disregarded for the purposes of section 18.
 (2) For the purpose of deciding whether a design is new and distinctive, the person making the decision must disregard:
 (a) any information given by, or with the consent of, the registered owner of the design, or the registered owner's predecessor in title, to any of the following, but to no other person or organisation:
 (i) the Commonwealth, a State or a Territory;
 (ii) a person authorised by the Commonwealth, a State or a Territory to investigate the design; and
 (b) anything done for the purpose of an investigation mentioned in subparagraph (a)(ii).