Designs Act 2003

This section applies to the following designs:

a design registered under the old Act immediately before the commencing day;

a design registered after the commencing day as a result of a design application to which the old Act continued to apply because of section 153.

The design:

is taken to be registered under this Act:

in the case of a design mentioned in paragraph (1)(a)—on and from the commencing day; and

in the case of a design mentioned in paragraph (1)(b)—on and from the day on which the design was registered; and

is taken to have been examined by the Registrar under Part 3 of Chapter 5 and a certificate of examination is taken to have been issued under section 67.

However, despite subsection (2):

the old Act continues to apply for the purposes of determining the validity of the registration of the design; and

this Act does not apply for the purposes of determining the validity of the registration of the design; and

the design must not be examined under Chapter 5.