Commonwealth Consolidated Acts

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DESIGNS ACT 2003 - SECT 135

Officers not to traffic etc. in designs

  (1)   The Registrar, a Deputy Registrar or an employee commits an offence if he or she sells, acquires or traffics in:

  (a)   a registered design, whether granted in Australia or anywhere else; or

  (b)   a right to, or licence under, a registered design, whether granted in Australia or anywhere else.

Penalty:   60 penalty units.

  (2)   A purchase, sale, acquisition, assignment or transfer made or entered into in contravention of this section is void.

  (3)   This section does not apply to the registered owner of the design or to an acquisition by devolution by will or by operation of law.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3) (see subsection   13.3(3) of the Criminal Code ).

 



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