Document ID: chunk:federal_register_of_legislation:C2024C00672:section:13
Version: federal_register_of_legislation:C2024C00672
Segment Type: section
Provision Reference: s 13
Character Range: 26598–28332

13  Who is entitled to be registered as the registered owner of a design
 (1) A person mentioned in any of the following paragraphs is entitled to be entered on the Register as the registered owner of a design that has not yet been registered:
 (a) the person who created the design (the designer);
 (b) if the designer created the design in the course of employment, or under a contract, with another person—the other person, unless the designer and the other person have agreed to the contrary;
 (c) a person who derives title to the design from a person mentioned in paragraph (a) or (b), or by devolution by will or by operation of law;
 (d) a person who would, on registration of the design, be entitled to have the exclusive rights in the design assigned to the person;
 (e) the legal personal representative of a deceased person mentioned in paragraph (a), (b), (c) or (d).
 (2) Despite subsection (1), a person is not entitled to be entered on the Register as the registered owner of a design that has not yet been registered if:
 (a) the person has assigned all of the person's rights in the design to another person; or
 (b) the person's rights in the design have devolved on another person by operation of law.
 (3) To avoid doubt:
 (a) more than one person may be entitled to be entered on the Register as the registered owner of a design; and
 (b) unless the contrary intention appears, a reference to the registered owner of a registered design in this Act is a reference to each of the registered owners of the design.
 (4) No person other than a person mentioned in paragraph (1)(a), (b), (c), (d) or (e) is entitled to be entered on the Register as the registered owner of a design that has not yet been registered.