CTHRepealedAct
Designs Act 1906
46AObjection to validity of design not to be taken in certain circumstances
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##### 46A Objection to validity of design not to be taken in certain circumstances
Objection shall not be taken to an application for registration of a design, and a registered design is not invalid, by reason only of the design having been published or used before the priority date in respect of the application for registration of the design, if the Registrar or the prescribed court is satisfied that:
(a) the publication was made or the user took place without the knowledge and consent of the applicant or owner, as the case may be;
(b) the subject of the publication or user was derived or obtained from the applicant or owner; and
(c) if, before the priority date in respect of the application for registration of the design, the applicant or owner became aware of the publication or user, he made application for registration of the design with all reasonable diligence after so becoming aware of the publication or user.