D06.4 Priority date - Applications by an entitled person (s.52, 53 or 54)

Date Published

The Designs Act includes 3 sections (52, 53 and 54) that deal with situations where a person asserts that the applicant or owner is not entitled to the design. These sections provide a mechanism for a determination of the dispute – and the Registrar or Court may make a declaration to the effect that a specified person (or persons) is an entitled person with respect to the Design.

Where such a person files an application with respect to that design within the period of 3 months from the date of that declaration, the design has the same priority date as it had in the application in which it was first disclosed. [see s.55]

Consequently where there is a need to determine the priority date of such a design, the required determination is the priority date of that design in the earlier application as at the time the relevant declaration was made.