Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The registered owner of a registered design, or an exclusive licensee, may bring proceedings against another person alleging that the person has infringed the registered design.
(2) Infringement proceedings may be brought in a prescribed court or in another court that has jurisdiction in relation to the proceedings.
(2A) If an exclusive licensee brings infringement proceedings, the licensee must make the registered owner of the registered design a defendant in the proceedings, unless the registered owner is joined as a plaintiff.
(2B) If the registered owner of the registered design is made a defendant in the proceedings, the registered owner is not liable for costs if the registered owner does not take part in the proceedings.
(3) Infringement proceedings may not be brought under subsection (1) until:
(a) the design has been examined under Chapter 5; and
(b) a certificate of examination has been issued.
(4) If a person files an application under section 21 for registration of a design as a result of the operation of section 55, the person may only bring infringement proceedings in respect of infringements of the design occurring after the date on which the application was filed under section 21.