25.1. Ownership disputes: overview

Date Published

Key legislation in this topic: Designs Act: ss 29, 52

Key related topics: Production of documents

The Designs Office deals with 3 categories of disputes about the ownership of a design:

  • Disputes about whether or how a design application should proceed. These are dealt with under s 29. There are 2 subcategories:
    • Joint applicants cannot agree on whether or how to go ahead with the application.
    • Someone else asserts that they are entitled to apply for the design, either alone or as a joint applicant.
  • Disputes about who was entitled to register a design (i.e. one that has already been registered). These are dealt with under s 52 (see Revocation after an ownership dispute).
  • Disputes about recording a change of ownership before registration. Such changes are normally uncontroversial (see Assignments and other interests). If there is a dispute it is dealt with under s 29.

The Registrar resolves most ownership disputes by reviewing evidence and conducting a hearing.

Amended Reasons

Amended Reason Date Amended

Designs Manual Review 2024. No changes.

Back to top