5.1.6. Applicant name: Partnership

In most cases, an Australian partnership should not be identified as the applicant. This is because Australian partnerships generally do not have separate legal personality. Instead, the rights and obligations of the partnership are held by the partners.

For example, the following would generally not be acceptable:

• ‘John's Restaurant (a partnership)’

Where the partner or partners are identified in the application, the applicant name may be acceptable. For example:

• ‘John Doe and Jane Doe as partners in John's Restaurant’

The applicant name should identify the legal person or persons entitled to own the design. Accordingly, an Australian partnership should not be recorded as the applicant in its own right.

For example, the following would generally not be acceptable:

• ‘Doe & Doe (a partnership)’

Overseas partnerships

Different considerations may apply to overseas partnerships. Some jurisdictions recognise certain partnership structures as separate legal persons capable of owning property and intellectual property rights. For example, some limited liability partnerships (LLPs) may be legal persons under the laws of the jurisdiction in which they are established.

Where an overseas partnership is named as the applicant, its legal status should be assessed under the relevant foreign law. Note that while many jurisdictions allow versions of limited partnerships but this does not necessarily mean the partnership has legal personality.

If it is unclear whether the partnership is a legal person, a written notice should be issued seeking clarification and supporting evidence. For instance, an applicant might provide excerpts of relevant legislation which indicates that the partnership under the laws of its jurisdiction has legal personality and can hold property in its own name.