5.1.5. Applicant name: Overseas entity

An overseas entity may be an applicant for a design if it is recognised as a legal ‘person’ under the laws of the jurisdiction in which it is established.

The application should identify the applicant by its full legal name, including any company, corporation or other entity type designation used in its jurisdiction of incorporation. Overseas entities do not always use identifiers equivalent to Australian designations such as Pty Ltd or Ltd.

Providing details of the jurisdiction of incorporation and, where available, a registration or incorporation number can assist in establishing the entity's identity and legal status. Where necessary, an English translation or transliteration of the entity name or entity type may also be supplied.

Where legal status remains unclear, the applicant may be required to supply evidence supporting the applicant’s legal personality. A certificate, registry extract or other official document confirming the entity’s legal status may be accepted where it appears authentic and sufficiently establishes that the entity is a legal person in its home jurisdiction.

Foreign corporate registers

Foreign corporate registers may assist in establishing the identity and legal status of an overseas entity and in understanding the types of entities recognised in a particular jurisdiction. This list of official business registers can be a useful starting point.

English translations and transliterations

Where an entity name or entity type appears in a language or script other than English, an English translation or transliteration may be accepted where appropriate.

Care should be taken when assessing transliterated company names. The fact that an entity type has been transliterated does not, by itself, establish that the applicant is a legal person. Where there is doubt about the legal status of an overseas entity, additional evidence should be requested.

Previous Register entries

Previous Register entries may assist in identifying overseas entity types that have been accepted in the past. However, Register entries should not be relied upon as conclusive evidence of legal status, particularly where historical practices may differ from current requirements. Where doubt exists as to whether the applicant is a legal person, clarification or supporting evidence should be sought.