5.1.1. Applicant name: Is the applicant a 'person'?

A ‘person’ may file a design application. When a person files an application, the application must specify the person or persons entitled to be entered on the Register as the registered owner of the design. This person is the applicant. The applicant needs to have ‘legal personality’. This is because the applicant should be a legal person capable of holding property rights.

The Designs Act does not define the term ‘person’. Instead, the Acts Interpretation Act 1901 (Cth) assists in determining the scope of this term. Section 2C explains that references to a person include a body politic or corporate as well as an individual.

Section 2C does not provide an exhaustive definition. However, body politics, corporations and individuals are all entities that have legal personality in Australia.

Who is a 'person'?

A ‘person’ (also referred to as a ‘legal person’) can be:

• an individual

• a company or other incorporated body

• a government entity

• an overseas entity.

​​​​​​​​​​​​​​​​​​

Who is not a 'person'?

A ‘person’ cannot be:

• a business name

• a ‘trading as’ name

• a trust/trustee

• a partnership

• an unincorporated association, club or society.​​​​​​​​​​​​​​​​​​​​​​​​​​​

These examples do not meet the legal understanding of a person and do not possess sufficient legal personality. In addition, s 117 prohibits any notice of a trust, whether express, implied or constructive being entered in the Register.

If the applicant name includes any of these details, or other variation suggesting that the applicant is not a legal person, a written notice should be issued querying the detail.​​​​​​​