Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 39

  (1)   This section applies to a design disclosed in a design application if:

  (a)   the design is the only design disclosed in the application; and

  (b)   the applicant has requested that the design be registered (including a request taken to have been made under subsection   35(4)).

  (2)   The Registrar must register the design if the Registrar is satisfied that:

  (a)   the design application satisfies the formalities check specified in the regulations; and

  (aa)   the design application complies with the formal requirements determined in an instrument under section   149A; and

  (b)   if the design is purportedly a common design in relation to more than one product--that the design is a common design in relation to each product; and

  (c)   the Registrar is not required to refuse to register the design under subsection   43(1).