Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 139

             (1)  This section applies if the registration of a design ceases to be in force because of a failure to do a relevant act (within the meaning of section 137) and is subsequently restored under section 138.

             (2)  A person who took definite steps to use the design commercially after the registration of the design ceased to be in force but before the registration is restored may:

                     (a)  continue to use the design after the registration is restored; or

                     (b)  sell the right to use the design to another person.

             (3)  However, the person must not grant a licence to another person to use the design.

             (4)  A person who purchases a right under paragraph (2)(b) must not sell to another person the right to use the design or grant a licence to another person to use the design.

             (5)  A person who continues to use a design because of paragraph (2)(a) or used the design after purchasing it as mentioned in subsection (4) does not infringe the registered design.