63Examination of design

#### 63 Examination of design (1) The Registrar must examine a design that has at any time been a registered design if any person requests, or a court orders, that the Registrar examine the design. (2) The Registrar may, on the Registrar’s initiative and at any time, examine a design that has at any time been a registered design. (3) If relevant proceedings in relation to a design are pending in a court, the Registrar must not examine the design unless the court orders that the Registrar examine the design. (4) If: (a) the Registrar has started to examine a design; and (b) relevant proceedings in relation to the design are started; the Registrar must not continue to examine the design (including considering a request for amendments under section 66) unless a court orders that the Registrar continue to examine the design. (5) For the purposes of this section, the expression a design that has at any time been a registered design: (a) does not include a design whose registration has ceased because of the operation of subsection 48(1); and (b) does not include a design whose registration has been revoked, unless a declaration of the entitled persons has been made under section 52, 53 or 54 in relation to the design.