Document ID: chunk:federal_register_of_legislation:C2004A01233:clause:1_76
Version: federal_register_of_legislation:C2004A01233
Segment Type: clause
Provision Reference: sch 1 cl 76
Character Range: 3886–5397

76  False registration of industrial designs under the Designs Act 2003

 (1) This section applies if:
 (a) proceedings (copyright proceedings) are brought under this Act in relation to an artistic work in which copyright subsists; and
 (b) a corresponding design was registered under the Designs Act 2003; and
 (c) the exclusive right in the design had not expired by effluxion of time before the copyright proceedings began; and
 (d) it is established in the copyright proceedings that:
 (i) none of the persons who are registered owners of the registered design are entitled persons in relation to the design; and
 (ii) none of those persons were registered with the knowledge of the owner of the copyright in the artistic work.

 (2) Subject to subsection (3), for the purposes of the copyright proceedings:
 (a) the design is taken never to have been registered under the Designs Act 2003; and
 (b) section 75 does not apply in relation to anything done in respect of the design; and
 (c) nothing in the Designs Act 2003 constitutes a defence.

 (3) Ignore subsection (2) if it is established in the copyright proceedings that the act to which the proceedings relate was done:
 (a) by an assignee of, or under a licence granted by, the registered owner of the registered design; and
 (b) in good faith relying on the registration and without notice of any proceedings (whether or not before a court) to revoke the registration or to rectify the entry in the Register of Designs in relation to the design.