Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p10
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 21900–24543

person in respect of another article or is an obvious adaptation of such design; or
         (ii) differs only in immaterial details or in features commonly used in the relevant trade from a design that has previously been registered, whether in respect of the same article or another article; and
      (c) while the application is pending, the applicant, or each of the applicants becomes registered as the owner of the previously registered design,
the preceding provisions of this section apply as if the applicant, or each of the applicants, had been registered as the owner of the previously registered design at the time of the making of the application.".

Certificate of registration of design
14. Section 26 of the Principal Act is amended by omitting sub-sections (2), (2a), (2b) and (2c).

15. Section 27 of the Principal Act is repealed and the following sections are substituted:

Registered designs open to public inspection
"27. (1) After a design has been registered, the application for registration of the design, the representations of the article to which the design is applied and any statement of monopoly or statement of novelty in respect of the design shall, subject to this Act, be open to public inspection.
"(2) Where a document referred to in sub-section (1) is a document that is open to public inspection and that document has been or is amended, that document as so amended is, subject to this Act, also open to public inspection.

Period during which registration is in force
"27a. (1) The registration of a design shall be deemed to have come into force on the date on which the application for registration of the design was lodged under this Act and, subject to this Act, shall cease to be in force on the expiration of a period of 12 months commencing on the date on which the registration was made in the register.
"(2) Application may be made to the Registrar for an extension of the period of registration of a design referred to in sub-section (1).
"(3) An application under sub-section (2)—
      (a) shall be made at least one month before the expiration of the period referred to in sub-section (1); and
      (b) shall be made in the prescribed manner.
"(4) A person may, at any time before the expiration of the period of 11 months commencing on the date on which the registration of a design was made in the register, lodge at the Designs Office a notice, in accordance with a prescribed form, setting out any matter—
      (a) that has been published in a document in Australia before the priority date in respect of the application for registration of the design; and
      (b) that the person