CTHRepealedAct
Designs Act 1906
50Withdrawn application not to be used as basic application in certain circumstances
Start here
Get a plain-English read of 50
Turn the raw legal text into a practical explanation grounded in Designs Act 1906.
##### 50 Withdrawn application not to be used as basic application in certain circumstances
Notwithstanding anything contained in section 49, where:
(a) an application for protection in respect of a design has been made in a Convention country;
(b) the application has been withdrawn, abandoned or refused without becoming open to public inspection;
(c) the application has not been used as the basis for claiming a right of priority in a Convention country under the law of that country corresponding to section 49; and
(d) a later application has been made by the same applicant for protection in respect of that design in the Convention country in which the earlier application was made;
the applicant may request the Registrar to disregard the earlier application for the purposes of section 49 and, if he so requests:
(e) the earlier application shall be so disregarded; and
(f) neither the applicant nor any other person is capable of making use of the earlier application as a basic application for the purposes of section 49.