D16.1 Overview

Date Published

Section 108 of the Designs Act 2003 (Cth) prohibits the publication of information about certain designs if ‘it appears to the Registrar to be necessary or expedient to do so in the interests of the defence of the Commonwealth’. This prohibition is achieved by way of a written order made by the Registrar.

There is an equivalent mechanism in the Patents Act 1990 (Cth) (section 173). This is discussed in the Patent Examiners Manual at 2.13.13. In the event of a Design being subject to, or being potentially subject to, a prohibition order under s 108, staff should consult with the Quality and Practice Section of the Trade Marks and Designs Group.