D15.2 Processing an offer to surrender

Date Published

When an offer to surrender a design has been filed, the Registrar will:

  • Identify all persons recorded in the Register as having an interest in the design, and write to them at their last known address – giving them an opportunity to make submissions on the offer to surrender, and setting a time limit for making those submissions as set in reg 4.11(2);
  • Advertise the offer to surrender in the Australian Official Journal of Designs (AOJD), indicating that anyone who wishes to be heard in relation to the surrender must request to be heard within 1 month of the date of the AOJD notice [reg 4.11(3) and (4)].

Note: typically, the notice under reg 4.11(2) will issue before the advertisement in the AOJD. Nevertheless, the reg 4.11(2) notice should indicate that:

*  an AOJD advertisement will be appearing in the near future;

*  the Registrar will consider any submissions they file – irrespective of whether they request to be heard; and

*  if they do file submissions, they should seek legal advice about whether they should request to be heard.

Where no third party makes submissions or requests to be heard, and the requirements of s 50(4) and (5) of the Designs Act 2003 (Cth) are met [court proceedings, and compulsory licences], the Registrar will accept the offer to surrender the design by revoking it, and having a relevant entry made in the Register.