Designs Act 2003

In this Part, a reference to the use of a design, or of a product in relation to which a design is registered, which embodies the design, is a reference to the exercise of the exclusive rights in the design mentioned in paragraphs 10(1)(a) to (e).

A design is used for Crown purposes if:

the design is used for the services of a relevant authority; and

the use is by:

the relevant authority; or

if a person is authorised, in writing, by the relevant authority for the purposes of this subparagraph—the person for the relevant authority.

A person may be authorised for the purposes of subparagraph (2)(b)(ii):

before or after the registration of the design; and

even if the person is directly or indirectly authorised by the entitled person in relation to the design, or the registered owner of the design, to use the design.

Subject to section 105, a design is taken to be used for the services of a relevant authority if the use of the design is necessary for the proper provision of those services within Australia.

Services of a relevant authority includes:

if the relevant authority is the Commonwealth—services that are:

primarily provided or funded by the Commonwealth; or

primarily provided or funded by the Commonwealth and one or more of the States or Territories; and

if the relevant authority is a State or Territory—services that are:

primarily provided or funded by the State or Territory; or

primarily provided or funded by the State or Territory and one or more of the other States or Territories or the Commonwealth.