Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 35

Actual requests for registration

  (1)   An applicant may request registration of one or more designs disclosed in a design application.

  (2)   The request must be:

  (a)   included in the design application; or

  (b)   made within the period prescribed by the regulations.

  (3)   The request must be in accordance with any requirements prescribed by the regulations.

Deemed requests for registration

  (4)   If:

  (a)   one design is disclosed in a design application; and

  (b)   at the end of the period applicable under paragraph   (2)(b):

  (i)   the applicant has not made a request in relation to the design in accordance with subsections   (1) to (3); and

  (ii)   the applicant has not withdrawn the application in accordance with section   32;

then the applicant is taken to have requested that the design be registered.

  (5)   If:

  (a)   more than one design is disclosed in a design application; and

  (b)   for a design (the subject design ) disclosed in the application, at the end of the period applicable under paragraph   (2)(b) in relation to the subject design:

  (i)   the applicant has not made a request in relation to the subject design in accordance with subsections   (1) to (3); and

  (ii)   the subject design has not been excluded from the application by an amendment under section   28; and

  (iii)   the applicant has not withdrawn the application in accordance with section   32; and

  (iv)   the applicant has not withdrawn the subject design from the application in accordance with section   32;

then the applicant is taken to have requested that the subject design be registered.

Note:   Subsection   (5) applies separately in relation to each design that is disclosed in the design application.

Relationship with section   36

  (6)   This section is subject to section   36.