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

Date Published

When someone applies for a design right, they must give the name of the ‘person(s)’ who is entitled to be the owner of the design (applicant name). ‘Person’ is defined in s 21 of the Act. We refer to the ‘person’ as the ‘applicant’.

Who is a person?

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

  • an individual
  • a body corporate (a limited (Ltd) or proprietary limited (Pty Ltd) company)
  • an incorporated club, association or entity
  • an Australian or overseas university
  • an overseas company
  • a body politic – i.e. a government body
  • a Minister of the Crown (not the individual but the person currently holding the portfolio).​​​​​​​


Who is not a 'person'?

A ‘person’ cannot be:

If the applicant has given any of these as the applicant name, the formalities officer will need to issue a notice querying the detail.​​​​​​​

Amended Reasons

Amended Reason Date Amended