“Commissioner's Internet site means the Internet site operated by, or on behalf of, the Commissioner

“electronic reproduction means a copy of a paper document that is transmitted or stored by electronic means (for example, an image of a paper document that has been electronically scanned or a copy of a paper document that is sent by means of a fax machine)

“paper document means a form or document that is represented or reproduced in a visible and tangible form and medium (for example, in print)”.

“5 Form of payment

• “(1) Fees may be paid—

  • “(a) by electronic means; or

  • “(b) by other means acceptable to the Commissioner.

  “(2) The Commissioner may delay taking an action until the fee that must be paid for that action has been received.”

“Part 2A
“Compliance with regulations by electronic means

“7 Definitions used in this Part

• In this Part,—

  “give means issue, furnish, lodge, supply, produce, file, send, or give in any other manner referred to in these regulations

  “information or a document means any evidence, application, authority, request, representation, form, certificate, statement, notice, paper, or any other type of information or document referred to in these regulations.

“8 Means of communicating with Commissioner

• “(1) This regulation applies to a requirement in these regulations for—

  • “(a) information or a document to be lodged; or

  • “(b) information or a document to be given to the Commissioner; or

  • “(c) any type of request, communication, or correspondence to be made with the Commissioner.

  “(2) The requirement is met by providing the information or document, request, communication, or correspondence to the Commissioner—

  • “(a) by means of the Commissioner's Internet site; or

  • “(b) in accordance with section 48(1) of the Act; or

  • “(c) by other means acceptable to the Commissioner.

“8A Signature requirements for communications by electronic means

• “(1) This regulation applies to a requirement in these regulations for information or a document—

  • “(a) to be signed; or

  • “(b) to contain or have a signature upon it; or

  • “(c) containing a signature to be lodged or given to the Commissioner.

  “(2) The requirement is met—

  • “(a) if the person who is required to sign the information or document provides it (with or without signature) to the Commissioner by means of the Commissioner's Internet site by logging on to an account on that site that he or she has the authority to use; or

  • “(b) if an electronic reproduction containing the relevant signature is provided to the Commissioner; or

  • “(c) by other means acceptable to the Commissioner.

  “(3) If a person provides an electronic reproduction in accordance with subclause (2)(b), the person must—

  • “(a) retain the original copy of the paper document in the person's possession or control until the time during which a hearing or an appeal under the Act or these regulations to which the document may be relevant has ended; and

  • “(b) make the paper document available to any hearing or appeal under the Act or these regulations or at the Commissioner's direction.

“8B Commissioner may communicate by electronic means

• “(1) A requirement in these regulations for the Commissioner to give information or a document, or to communicate or correspond in any way (whether in writing or otherwise), is met by providing the information or document, communication, or correspondence—

  • “(a) by means of the Commissioner's Internet site; or

  • “(b) in accordance with section 48(1) of the Act; or

  • “(c) by other means that are reasonable in the circumstances.

  “(2) The Commissioner must notify the recipient of information or a document, communications, or correspondence provided in accordance with subclause (1)(a) if—

  • “(a) there is a time frame within which the recipient must respond to it; or

  • “(b) it is reasonable to expect the Commissioner to do so in the circumstances.

“8C Interrelationship of this Part with rest of regulations

• “(1) Nothing in regulation 8A(2)(a) applies to—

  • “(a) an instrument, a document, or an official or certified copy of an instrument or a document that is provided in support of an application that is referred to in Part 10; or

  • “(b) evidence that is required to be filed under these regulations; or

  • “(c) statutory declarations or affidavits that are required by these regulations.

  “(2) Nothing in this Part overrides regulations 13(2), 17, or 18.

  “(3) Except as set out in subclauses (1) and (2), this Part applies despite anything to the contrary in these regulations.”

• “(2) All electronic reproductions lodged or given under the Act or these regulations must be able to be readily printed on one side only of paper of approximately A4 international size, and having on the left hand part of the paper a margin of approximately 5 cm.”

• “(1) A document lodged by a firm must be signed by a partner or any other person who satisfies the Commissioner that he or she is authorized to sign the document on behalf of the partnership.”

• “(2) The authority must be lodged as an electronic reproduction or a paper document.”

“20A Applicant may request delay of issue of certificate of registration

• “(1) An applicant for the registration of a design may request the Commissioner to delay issuing a certificate of registration for that application for a period of up to 15 months from the date on which the application was made.

  “(2) The Commissioner may comply with that request.”

“22 Separate applications for same design for more than 1 article

• “(1) If the same design is to be registered in respect of more than 1 article, a separate application must be made in respect of each article.

  “(2) Each application must be treated as a separate and distinct application.”

“25 Representation of design to be furnished

• “(1) An application for the registration of a design must be accompanied by a representation of the design.

  “(2) If the design is to be applied to a set of articles, the representation must show the design as applied to each different article included in the set.

  “(3) The Commissioner may at any time before registration require additional representations.

“26 Means of providing representation of design

• “(1) Representations must be given to the Commissioner—

  • “(a) as 1 or more digital images in an electronic file format acceptable to the Commissioner; or

  • “(b) in any other format acceptable to the Commissioner.

  “(2) Each representation must clearly and unambiguously show the novel design features of the design as applied to the article.

  “(3) Each digital image may be in black and white, grey scale, or colour.

  “(4) Each digital image must be—

  • “(a) able to be readily printed on a single-sided A4 international size sheet of paper; and

  • “(b) clearly labelled stating the view of the article (for example, perspective view, front view, side view, plan, or otherwise).”

“Part 8A
“Restoration of design applications

“40A Request for restoration of abandoned design application

• A request under section 41G(2) of the Act for the restoration of an application for the registration of a design that is abandoned must be made within 3 months of the date on which the application is deemed to be abandoned under section 7(4) of the Act.

“40B Period for notice of opposition

• A notice of opposition under section 41I(1) of the Act must be given to the Commissioner within 2 months of the date on which the request referred to in regulation 40A is published in the Journal in accordance with section 41G(5) of the Act.

“40C Protection of persons who avail themselves of design

• “(1) Every order under section 41J of the Act must contain or be subject to the provisions prescribed in this regulation.

  “(2) No action or other proceeding may be commenced or prosecuted, nor any royalties, damages, or account of profits recovered, in respect of a design that a person referred to in section 41J(2) of the Act availed themselves of, or took definite steps to avail themselves of, on the ground that the person has infringed, or infringes, the copyright in the design.

  “(3) However, subclause (2) applies only to the extent that the person—

  • “(a) continues to act in a manner that is consistent with, but does not go beyond, the way in which the person availed themselves of the design; or

  • “(b) continues to act in a manner that is consistent with the definitive steps that were taken to avail themselves of the design so as to complete those steps; or

  • “(c) uses the result of the completion of the definitive steps in a manner that is consistent with, but does not go beyond, what was contemplated by those steps in order to avail themselves of the design.

  “(4) To avoid doubt, the protection in subclause (2) applies to activities undertaken at any time after the date of registration of the design.”

“41 Extension of period of copyright for further 5 years

• An application under section 12(2) of the Act for an extension of the period of copyright for a second or a third period of 5 years must be made in form 12.”

“Part 9A
“Restoration of lapsed copyright in registered design

“44A Request for restoration of lapsed copyright in registered design

• A request under section 41A(2) of the Act for the restoration of copyright in a registered design that has ended must be made within 12 months of the date on which the copyright ended.

“44B Period for notice of opposition

• A notice of opposition under section 41E(1) of the Act must be given to the Commissioner within 2 months of the date on which the request referred to in regulation 44A is published in the Journal in accordance with section 41D(2) of the Act.

“44C Protection of persons who avail themselves of design

• “(1) Every order under section 41A of the Act must contain or be subject to the provisions prescribed in this regulation.

  “(2) No action or other proceeding may be commenced or prosecuted, nor any royalties, damages, or account of profits recovered, in respect of a registered design that a person referred to in section 41F(2)(b) of the Act availed themselves of, or took definite steps to avail themselves of, on the ground that the person has infringed, or infringes, the copyright in the design.

  “(3) However, subclause (2) applies only to the extent that the person—

  • “(a) continues to act in a manner that is consistent with, but does not go beyond, the way in which the person availed themselves of the design; or

  • “(b) continues to act in a manner that is consistent with the definitive steps that were taken to avail themselves of the design so as to complete those steps; or

  • “(c) uses the result of the completion of the definitive steps in a manner that is consistent with, but does not go beyond, what was contemplated by those steps in order to avail themselves of the design.

  “(4) To avoid doubt, the protection in subclause (2) applies to activities undertaken at any time after the date on which the period of copyright in the registered design ended as set out in section 41A of the Act (including after the date on which the period of copyright is extended).”