4Interpretation

##### 4 Interpretation (1) In this Act, unless the contrary intention appears: > article means any article of manufacture and includes a part of such an article if made separately, but does not include an integrated circuit, or part of an integrated circuit, within the meaning of the Circuit Layouts Act 1989, or a mask used to make such a circuit. > artistic work has the same meaning as in the Copyright Act 1968. > Australia includes each external Territory. > Australian continental shelf means the continental shelf, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia (including the coast of any island forming part of a State or Territory). > Convention country means a country in respect of which there is in force for the time being a Regulation under section 48 declaring that country to be a Convention country for the purposes of this Act. > corresponding design has the same meaning as in Division 8 of Part III of the Copyright Act 1968. > Deputy Registrar means a Deputy Registrar of Designs holding office under this Act. > design means features of shape, configuration, pattern or ornamentation applicable to an article, being features that, in the finished article, can be judged by the eye, but does not include a method or principle of construction. > Designs Office means the Designs Office established by this Act. > Federal Court means the Federal Court of Australia. > infringement proceedings means an action or proceedings for the infringement of the monopoly in a registered design. > legal personal representative, in relation to a deceased person, means a person to whom probate of the will of the deceased person, letters of administration of the estate of the deceased person or other like grant has been granted, whether in Australia or elsewhere, but does not include such a person who, by reason of the terms of the grant, is not entitled to do an act in relation to which the expression is used. > monopoly, in relation to a registered design, means the exclusive right to apply the design to an article in respect of which the design is so registered. > Official Journal has the same meaning as in the Patents Act 1990. > Owner means: (a) in relation to a design that is not a registered design—a person who is the owner of the design in accordance with section 19 or, if there are 2 or more persons who have an interest in the design in accordance with that section, each of those persons; or (b) in relation to a registered design—the person who is registered as the owner of the registered design or, if there are 2 or more such persons, each of those persons. > patent attorney means a person registered as a patent attorney under the Patents Act 1990. > Prescribed court means the Federal Court, the Supreme Court of a State, the Supreme Court of the Australian Capital Territory, the Supreme Court of the Northern Territory of Australia or the Supreme Court of Norfolk Island. > register means the Register of Designs under this Act. > registered means registered under this Act. > registered design means a design registered under this Act. > Registrar means the Registrar of Designs holding office under this Act. > representation, in relation to an article to which a design is applied, means a drawing, tracing or specimen of the article to which the design is applied or a photograph of such a drawing, tracing or specimen. > set of articles means a number of articles that are of the same general character and ordinarily on sale, or intended to be used, together, being articles to each of which there is applied a design that is the same as, or that differs only in immaterial details or in features commonly used in the relevant trade from, the design applied to the other articles or to any of them. > State, in Part VIA, includes the Australian Capital Territory, the Northern Territory and Norfolk Island. > State Designs Act means any State Act relating to the registration of designs. > statement of monopoly, in relation to a design, means a statement relating to the representations of an article to which the design is applied that indicates: (a) those features of the representations in respect of which the applicant for registration of the design wishes to claim a monopoly; and (b) those features of the representations that are to be disregarded in considering the extent of the monopoly protection. > statement of novelty, in relation to a design, means a statement relating to the representations of an article to which the design is applied that indicates those features of the representations in respect of which novelty or originality is claimed. > Territory means a Territory in which this Act applies or to which this Act extends. > trade marks attorney means a person registered as a trade marks attorney under the Trade Marks Act 1995. (2) A reference in this Act to an article shall be read as including a reference to: (a) a set of articles; (b) each article in a set of articles; or (c) both a set of articles and each article in that set; as the case requires.