Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The respondent in proceedings under section 77 in respect of a design may apply, by way of counter - claim, for relief to which the respondent would be entitled in separate infringement proceedings against the applicant in respect of the design.
(2) If the respondent applies under subsection (1) by way of counter - claim, the applicant may, without making a separate application under section 93, apply for revocation of the registration of the design.
(3) The provisions of this Act relating to infringement proceedings apply, with the necessary modifications, to a counter - claim under subsection (1).
(4) The provisions of this Act relating to proceedings for the revocation of the registration of a design apply, with the necessary modifications, to an application under subsection (2).