Designs Act 2003

This section applies if the Registrar receives an offer to surrender the registration of a design under subsection 49(1).

The Registrar must:

notify the persons prescribed by the regulations of the offer; and

give such persons an opportunity to make submissions in the manner, and within the period, prescribed by the regulations.

The Registrar may accept the offer, revoke the registration of the design and make an entry in the Register under section 115 after doing the things mentioned in subsection (2).

If proceedings in a court have been brought and not completed in relation to the design, the Registrar must not accept the offer to surrender the registration of the design unless:

the court consents; or

all the parties to the proceedings consent.

If a compulsory licence is in force in relation to the design, the Registrar must not accept the offer to surrender the registration of the design.

An appeal lies to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) against a decision of the Registrar under this section.