Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 40

  (1)   This section applies if:

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

  (b)   the applicant has requested registration of one or more of those designs (including a request taken to have been made under subsection   35(5)).

  (2)   The Registrar must register a design requested to be registered if the Registrar is satisfied of the following:

  (a)   that each product to which the design relates belongs to the same Locarno Agreement class;

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

  (c)   that the design application satisfies the formalities check specified in the regulations;

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

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