26.1. Production of documents under s 61(1): overview

Key legislation in this topic: Designs Act: s 61; Patents Act 1990: s 56(1)

Key related topics: Amendments, Extensions of time, Ownership disputes

Under the Designs Act, certain documents must not be published or open for public inspection (s 61(1)(a)).

The documents cannot be inspected or produced before the Registrar or in a legal proceeding unless the Registrar, a court, or any person with the power to order inspection or production directs that the inspection or production be allowed (s 61(1)(b)).

Section 61(1) usually operates in two circumstances:

• Proceedings that arise before the design has been registered (e.g. an appeal against a decision of the Registrar under s 28 (see Amending an application). In that case the relevant material is not open to public inspection under s 60
• Proceedings (e.g. under s 51, s 67(3) or s 137) where material has been produced following a notice to produce under s 127(1)(c) and the Registrar has protected the confidentiality of some or all of the material produced under s 127(2).
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Section 61(1) is rarely used. The material in this section is based on the Patent Office Manual of Practice and Procedure, as these provisions are identical to s 56(1) of the Patents Act 1990.