False Registration of Industrial Designs
1. The provisions of this Schedule shall have effect where —
copyright subsists in an artistic work, and proceedings are brought under this Act relating to that work;
a corresponding design has been registered or is deemed registered under the Registered Designs Act (Cap. 266), and the copyright in the design subsisting by virtue of that registration has not expired by effluxion of time before the commencement of those proceedings; and
it is proved or admitted in the proceedings that the person who is the registered owner of the design was not the owner thereof for the purposes of that Act and was registered as the owner under that Act or as the proprietor under the Registered Designs Act 1949 of the United Kingdom (as the case may be) without the knowledge of the owner of the copyright in the artistic work.
2. For the purposes of those proceedings (but subject to paragraph 3) the registration under the Registered Designs Act or the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c.88) (as the case may be) shall be treated as never having been effected, and accordingly, in relation to that registration, section 74(1) of this Act shall not apply, and nothing in any written law relating to industrial designs shall be construed as affording any defence in those proceedings.
3. Notwithstanding anything in paragraph 2, if in the proceedings it is proved or admitted that any act to which the proceedings relate —
was done in pursuance of an assignment or licence made or granted by the registered owner of the design; and
was so done in good faith in reliance upon the registration, and without notice of any proceedings for the cancellation or revocation of the registration (as the case may be) or for rectifying the entry in the relevant register of designs relating thereto,
section 74(1) of this Act shall apply in relation to that act for the purposes of the first-mentioned proceedings.
[Aust. 1968, s. 76]