151Application of this Act to certain designs

151 Application of this Act to certain designs

(1) This section applies to the following designs: (a) a design registered under the old Act immediately before the commencing day; (b) a design registered after the commencing day as a result of a design application to which the old Act continued to apply because of section 153. (2) The design: (a) is taken to be registered under this Act: (i) in the case of a design mentioned in paragraph (1)(a)—on and from the commencing day; and (ii) in the case of a design mentioned in paragraph (1)(b)—on and from the day on which the design was registered; and (b) is taken to have been examined by the Registrar under Part 3 of Chapter 5 and a certificate of examination is taken to have been issued under section 67. (3) However, despite subsection (2): (a) the old Act continues to apply for the purposes of determining the validity of the registration of the design; and (b) this Act does not apply for the purposes of determining the validity of the registration of the design; and (c) the design must not be examined under Chapter 5.