Page:Australian Copyright Act 1968 (63 of 1968).pdf/37

(b) a corresponding design has been registered under the Designs Act 1906–1968 and the copyright in the design that subsisted by virtue of that registration had not expired by effluxion of time before the commencement of those proceedings; and

(c) it is established in those proceedings that the person registered as the owner of the design was not the owner of the design for the purposes of the Designs Act 1906-1968 and was so registered without the knowledge of the owner of the copyright in the artistic work.

(2.) Subject to the next succeeding sub-section, for the purposes of the proceedings referred to in the last preceding sub-section―

(a) the design shall be deemed never to have been registered under the Designs Act 1906–1968;

(b) the last preceding section does not apply in relation to anything done in respect of the design; and

(c) nothing in the Designs Act 1906–1968 constitutes a defence.

(3.) Notwithstanding anything in the last preceding sub-section, if in the proceedings it is established that an act to which the proceedings relate―

(a) was done by an assignee of, or under a licence granted by, the person registered as the owner of the design; and

(b) was so done in good faith in reliance upon the registration and without notice of any proceedings for the cancellation of the registration or for rectifying the entry in the Register of Designs in relation to the design,

the last preceding section applies in relation to that act for the purposes of the first-mentioned proceedings.

Application of artistic works as industrial designs without registration of the designs. 77.—(1.) Where—

(a) copyright subsists in an artistic work;

(b) a corresponding design is applied industrially by, or with the licence of, the owner of the copyright in the work;

(c) articles to which the corresponding design has been so applied (in this section referred to as “articles made to the corresponding design”) are sold, let for hire or offered or exposed for sale or hire in Australia; and

(d) at the time when those articles are so sold, let for hire or offered or exposed for sale or hire, they are not articles in respect of which the corresponding design has been registered under the Designs Act 1906–1968,

the succeeding sub-sections of this section have effect.

(2.) During the period of fifteen years commencing on the date on which articles made to the corresponding design were first sold, let for hire or offered or exposed for sale or hire in the circumstances referred to in paragraph (d) of the last preceding sub-section, it is not an infringement of