Designs Act 2003

This section applies if a person makes an application under section 51 for revocation of the registration of a design.

If the Registrar is satisfied that:

a person or persons were entitled persons at the time the design was first registered, and one or more of the original registered owners of the design was not an entitled person at that time; or

each original registered owner of the design was an entitled person at the time when the design was first registered, but another person or persons were also entitled persons at that time;

If the Registrar makes a declaration under subsection (2), the Registrar must:

notify the relevant parties that the registration of the design is revoked; and

make an entry in the Register under section 115.

The Registrar must also publish a notice that satisfies the requirements prescribed by the regulations and that states that the registration of the design has been revoked and that the design is taken never to have been registered.

The Registrar must not revoke the registration of a design under this section unless the Registrar has given each original registered owner a reasonable opportunity to be heard.

The Registrar must not revoke the registration of a design under this section while relevant proceedings in relation to that design are pending.

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.