Designs Act 2003

A person may provide to the Registrar material relating to whether a registered design is new or distinctive within the meaning of Division 1 of Part 4 of Chapter 2. The material may be provided even if the person has not made a request under subsection 63(1) that the design be examined.

The material is to be provided in accordance with the regulations.

A person must not provide to the Registrar material in the form of a physical article, other than a document, unless the Registrar has given the person an approval to do so.

If a person provides material to the Registrar under subsection (1), the material may be accompanied by evidence, in the form of a declaration, of the publication of the material.

The regulations deal with the making of declarations.

If a person provides material to the Registrar under subsection (1), the Registrar must:

notify the registered owner of the design that the material has been provided; and

provide a copy of the material to the registered owner of the design.

Nothing in this section is to be taken to require the Registrar to examine a design under Part 3.

The Registrar must make a copy of material provided to the Registrar under subsection (1) available for public inspection.