Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person may apply to a prescribed court for an order revoking the registration of a design.
(2) An application under subsection (1) may be made only after the design has been examined under Chapter 5 and a certificate of examination has been issued.
(3) The grounds on which a court may revoke the registration of the design are:
(a) that the design is not a registrable design; or
(b) that one or more of the original registered owners was not an entitled person in relation to the design when the design was first registered; or
(c) that each of the original registered owners was an entitled person in relation to the design when the design was first registered, but another person or persons were entitled persons in relation to the design at that time; or
(d) that the registration of the design, or the certificate of examination, was obtained by fraud, false suggestion or misrepresentation; or
(e) that the design is a corresponding design to an artistic work, and copyright in the artistic work has ceased.
(3A) A court must not make an order under this section on the ground covered by paragraph (3)(b) or (c) unless the court is satisfied that, in all the circumstances, it is just and equitable to do so.
(4) In this section:
"original registered owner" , in relation to a design, means each person entered in the Register as the registered owner at the time the design was first registered.