Applications by entitled persons after revocation following surrender of registration
54 Applications by entitled persons after revocation following surrender of registration
This section applies if:
the Registrar revokes the registration of a design under section 50; and
the Registrar is satisfied on application by one or more persons in accordance with the regulations:
that one or more of the original registered owners was not an entitled person at the time the design was first registered, and another person or persons were entitled persons at that time; or
that each original registered owner of the design was an entitled person at the time the design was first registered, but another person or persons were entitled persons at that time.
The Registrar may make a written declaration specifying that a person whom the Registrar is satisfied was an entitled person at the time the design was first registered is an entitled person under this subsection.
The Registrar must not make a declaration under subsection (2) without first giving each original registered owner a reasonable opportunity to be heard.
An appeal lies to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) against a decision of the Registrar to make, or refuse to make, a declaration under subsection (2).
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