Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 120

  (1)   A person aggrieved by:

  (a)   the omission of an entry from the Register; or

  (b)   an entry wrongly made in the Register; or

  (c)   an error or defect in an entry in the Register; or

  (d)   an entry wrongly existing in the Register;

may apply to a prescribed court for an order to rectify the Register.

  (2)   On hearing an application under subsection   (1), the court may:

  (a)   decide any question that it is necessary or expedient to decide in connection with the rectification of the Register; and

  (b)   make an order it thinks fit for the rectification of the Register.

  (3)   The Registrar must be given notice of an application made under subsection   (1), and is entitled to appear and be heard in proceedings in relation to the application.

  (4)   If the court makes an order under this section:

  (a)   the court must give a copy of the order to the Registrar; and

  (b)   the Registrar must give effect to the order.

  (5)   A person may not apply to a prescribed court under subsection   (1) for rectification of the Register in relation to a design unless a certificate of examination has been issued in relation to the design.