19.8. Priority date: Applications by an entitled person

In some situations, a person may assert that the applicant or owner is not entitled to the design. ​​​​​​​

Sections 52, 53 and 54 of the Designs Act provide mechanisms for determining the dispute. The Registrar or Court may make a declaration that a specified person is an entitled person with respect to the design.

Where that 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).

Therefore, the priority date of the design is the priority date in the earlier application as at the time the relevant declaration was made.