Document ID: chunk:federal_register_of_legislation:F2024C00939:front:0:p7
Version: federal_register_of_legislation:F2024C00939
Segment Type: other
Provision Reference: 
Character Range: 16104–18927

of identifying the basic application referred to in subregulation 3.06(2).
 (3) If the applicant makes a request under subregulation (2):
 (a) the Registrar must disregard the earlier application for that purpose; and
 (b) neither the applicant nor any other person is capable of making use of the earlier application for that purpose.

3.08  Priority date—excluded designs
  For paragraph 27(1)(c) of the Act, the priority date of a design that is an excluded design is the same priority date as it had under the initial application.
Note: This regulation also applies to a design excluded from certain transitional applications, see regulation 12.03.

Part 3.3—Amendment or withdrawal of applications

3.09  Request for amendment of application
 (1) For subsection 28(2) of the Act, the request must:
 (a) be in writing; and
 (b) be clear that an amendment of a design application is being requested; and
 (c) set out the nature and extent of the proposed amendments; and
 (d) be accompanied by:
 (i) a substitute document or representation incorporating the proposed amendments; or
 (ii) a statement setting out the proposed amendments and the place at which each amendment is proposed to be made.
 (2) If the request is not accompanied by a substitute document or representation incorporating the proposed amendments, the applicant must, if directed by the Registrar, file a substitute document or representation within the time allowed by the Registrar.

3.10  Disputes between applicants—requests for determinations
  For subsection 29(2) of the Act, a request must:
 (a) be made in the approved form; and
 (b) include a statement of the grounds on which the request is made.

3.11  Requests for direction specifying persons as applicants or entitled persons
  For subsection 30(4) of the Act, a request must:
 (a) be made in the approved form; and
 (b) include a statement of the grounds on which the request is made.

3.12  Publication of certain details of amended applications
 (1) This regulation applies in relation to a design application if, as a result of the design application having been amended under Part 3 of Chapter 3 of the Act, any of the details published under section 25 of the Act in relation to the application has changed.
 (2) For section 31 of the Act, the details prescribed are the following details for each design in relation to which the published details has changed:
 (a) the design number;
 (b) for each detail that has changed—the detail as amended.

3.13  Withdrawal of designs and design applications
 (1) For subsection 32(1) of the Act, the prescribed period:
 (a) begins immediately after the design application is filed; and
 (b) ends immediately before a design disclosed in the design application is registered.
 (2) For subsection 32(2) of the Act, the prescribed period: