Crown use of designs—court order to cease
102 Crown use of designs—court order to cease
A prescribed court may, on the application of the registered owner, declare that the use of a registered design in the circumstances mentioned in subsection 96(3) or 96A(3) is not, or is no longer, necessary for the proper provision of services of the relevant authority concerned.
The court may make a declaration under subsection (1) if it is satisfied that in all the circumstances of the case, it is fair and reasonable to do so.
The court may further order that the relevant authority is to cease to use the design:
on and from the day specified in the order; and
subject to any conditions specified in the order.
In making an order under subsection (3), the court is to ensure that the legitimate interests of the relevant authority are not adversely affected by the order.
A person may not apply to a prescribed court for a declaration under subsection (1) in relation to a design unless a certificate of examination has been issued in relation to the design.
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