CTHRepealedAct
Designs Act 1906
40BDeclaration may be sought as to use of registered design
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##### 40B Declaration may be sought as to use of registered design
(1) An owner of a design who considers that the design has been made use of under subsection 40A(1) may apply to a prescribed court for a declaration accordingly.
(2) In a proceeding under subsection (1):
(a) the Commonwealth or the State concerned, as the case may be, shall be the defendant; and
(b) where the design is a registered design, the Commonwealth or State may, by way of counter‑claim in the proceeding, apply for the rectification of the register by the expunging of the entry of the registration of the design from the register.