Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p5
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 9864–12530

by instrument in writing signed by him or on his behalf, assign to another person the whole or any part of his interest in the design.
"(5) In this section, 'design' does not include a registered design.

Application for registration
"20. (1) The owner of a design is entitled to make application for the registration of the design.
"(2) Where 2 or more persons own interests in a design, all of the persons owning such interests, acting jointly, are entitled to make application for the registration of the design.
"(3) An application for registration of a design—
      (a) shall be in accordance with a prescribed form;
      (b) shall be accompanied, as prescribed, by the prescribed number of representations of an article to which the design is applied; and

      (c) shall be lodged by being left at, or delivered by post to, the Designs Office or a sub-office.
"(4) An application under sub-section (3) may be accompanied by a statement of monopoly in respect of the design to which the application relates.
"(5) Upon lodgment of an application under sub-section (3)—
      (a) the Registrar may request the applicant to furnish a statement of novelty in respect of the design to which the application relates; and
      (b) if the application was not accompanied by a statement of monopoly in respect of the design to which the application relates and the Registrar considers it appropriate that such a statement be furnished—the Registrar may request the applicant to furnish such a statement.

Priority date
"21. (1) There shall be a priority date in respect of an application for the registration of a design.
"(2) Subject to this Act, the priority date in respect of an application for registration of a design is the date on which the application was lodged under this Act.

Registered design not to be invalid by reason of certain circumstances
"22. A registered design is not invalid by reason only of—
      (a) the publication or use of the design in Australia on or after the priority date in respect of the application for registration of the design; or
      (b) the registration of another design the application in respect of which has the same or a later priority date.

Death of applicant
"22a. (1) If an applicant for the registration of a design dies before the design is registered, his legal personal representative may be registered as the owner of the design.
"(2) Where, at any time after a design has been registered on an application, the Registrar is satisfied that the applicant had died or, in the case of a body corporate, had ceased to exist, before the design was registered, the Registrar may amend the relevant entry in the