Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p4
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 7396–10097

following sub-sections:
     "(1) Subject to this Act, a design shall not be registered unless it is a new or original design and, in particular, shall not be registered in respect of an article if the design—
           (a) differs only in immaterial details or in features commonly used in the relevant trade from a design that, before the priority date in respect of the application for registration, was registered, published or used in Australia in respect of the same article; or
           (b) is an obvious adaptation of a design that, before the priority date in respect of the application for registration, was registered, published or used in Australia in respect of any other article.
     "(1a) For the purposes of sub-section (1), account shall not be taken of any secret use."; and
     (b) by omitting from sub-section (2) "or for articles included in such classes of articles,".

Certain designs not to be treated as other than new or original, &c.
10. Section 17a of the Principal Act is amended—
    (a) by omitting from paragraph (1) (c) ", or articles included in a class of articles, specified in regulations made for the purposes of sub-section (2) of the last preceding section" and substituting "specified in regulations made for the purposes of sub-section 17 (2)"; and
    (b) by omitting from sub-section (2) "the last preceding sub-section" and substituting "sub-section (1)".

11. Sections 18, 19, 20, 21 and 22 of the Principal Act are repealed and the following sections substituted:

Design may include functional features
"18. An application for registration of a design shall not be refused, and a registered design is not invalid, by reason only that the design consists of, or includes, features of shape or configuration that serve, or serve only, a functional purpose.

Owner of unregistered design
"19. (1) Subject to this section, the author of a design is the owner of the design.
"(2) Where, in accordance with an agreement for valuable consideration entered into by a person with another person, the other person or an employee of the other person acting in the course of his employment makes a design for the first-mentioned person, the first-mentioned person is the owner of the design.
"(3) Subject to sub-section (2), where a design is made by a person in the course of his employment with an employer, the employer is the owner of the design.
"(4) The owner of a design or the assignee of any interest in a design may, 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