Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 151

  (1)   This section applies to the following designs:

  (a)   a design registered under the old Act immediately before the commencing day;

  (b)   a design registered after the commencing day as a result of a design application to which the old Act continued to apply because of section   153.

  (2)   The design:

  (a)   is taken to be registered under this Act:

  (i)   in the case of a design mentioned in paragraph   (1)(a)--on and from the commencing day; and

  (ii)   in the case of a design mentioned in paragraph   (1)(b)--on and from the day on which the design was registered; and

  (b)   is taken to have been examined by the Registrar under Part   3 of Chapter   5 and a certificate of examination is taken to have been issued under section   67.

  (3)   However, despite subsection   (2):

  (a)   the old Act continues to apply for the purposes of determining the validity of the registration of the design; and

  (b)   this Act does not apply for the purposes of determining the validity of the registration of the design; and

  (c)   the design must not be examined under Chapter   5.