25DSubsequent registration of design in respect of other articles

##### 25D Subsequent registration of design in respect of other articles (1) Where: (a) a design (in this section referred to as the original design) has, whether before or after the commencement of this section, been registered in respect of an article; and (b) the person registered as the owner, or all persons registered as owners, of the design makes, or make jointly, an application: (i) for registration of that design, or of another design that is an obvious adaptation of that design, in respect of another article; or (ii) for registration, whether in respect of the same article or another article, of a design that differs from the registered design only in immaterial details or in features commonly used in the relevant trade; the application shall not be refused, and the registration made on that application is not invalid, by reason only of the previous registration, or of any publication or use, after the priority date in respect of the application for the previous registration, of the design registered on that application. (2) Where a design is registered by virtue of subsection (1), the design becomes a design to which this section applies. (3) The registration of a design to which this section applies shall be deemed to have come into force on the date on which the application for registration of the design was lodged under this Act and shall remain in force so long as the registration of the original design remains in force, and no longer. (4) If under section 28 a prescribed court cancels the registration of the original design in relation to a design to which this section applies, that cancellation does not, unless the prescribed court otherwise orders, affect the registration of the design to which this section applies but, on that cancellation, the design to which this section applies ceases to be a design to which this section applies. (5) Where: (a) a person makes, or 2 or more persons acting jointly make, an application for the registration of a design in respect of an article; (b) that design: (i) is a design that has previously been registered on the application of another person in respect of another article or is an obvious adaptation of such design; or (ii) differs only in immaterial details or in features commonly used in the relevant trade from a design that has previously been registered, whether in respect of the same article or another article; and (c) while the application is pending, the applicant, or each of the applicants becomes registered as the owner of the previously registered design; the preceding provisions of this section apply as if the applicant, or each of the applicants, had been registered as the owner of the previously registered design at the time of the making of the application.