D05.3 Medals [reg 4.06(a)]

Date Published

According to s 43 of the Designs Act 2003 (Cth) and reg 4.06(a) of the Designs Regulations the Registrar must refuse certain designs, including ‘medals’.

The Macquarie dictionary defines a medal as:

'A flat piece of metal, usually in the shape of a disk, star, cross, or the like, bearing an inscription, device, etc, issued to commemorate a person, action or event, or given to serve as a reward for bravery, merit, or the like.'

The dictionary also defines a 'medallion' as being ‘a large medal’ [Note: medallion also has a distinct meaning in architecture, which is outside the concept of medals.]

Any design that is in respect of a ‘medal’ – whether or not it is called a medal or medallion – must be refused. It should be noted that medals may, or may not, have accompanying ribbons attached to them. The presence or absence of such ribbons does not alter the fact of it being a medal.

The assessment of whether the design is in the class of medals is performed objectively. Thus where a design is referred to as being a medal, but on an objective assessment it is not a medal within the scope of reg 4.06(a), no ground of revocation exists under that provision. The only issue that arises is whether the identification of the design to which the product relates is adequate – and that is dealt with as for any other product.