67Certificate of examination where registration valid

67 Certificate of examination where registration valid

(1) This section applies in relation to a registered design if: (a) the Registrar has examined the design and is satisfied that a ground for revocation of the registration of the design has not been made out, or that any such ground would be removed if the Register were amended as proposed in a request made under section 66; and (b) the registration of the design has not ceased under subsection 48(1). (2) The Registrar must notify the relevant parties: (a) that the design has been examined; and (b) if the Registrar is satisfied that a ground of revocation could be removed if the Register were amended as proposed in a request made under section 66—of the details of the proposed amendments; and (c) that a certificate of examination is to be issued. (3) If the Registrar remains satisfied as mentioned in paragraph (1)(a) after giving the relevant parties a reasonable opportunity to be heard, the Registrar must: (a) issue a certificate of examination to the registered owner of the design that contains the information prescribed by the regulations; and (b) record on the Register the issue of that certificate and, if applicable, such amendments proposed in a request made under section 66 that the Registrar is satisfied would remove a ground of revocation; and (c) publish a notice that satisfies the requirements prescribed by the regulations and that states: (i) that an examination of the design has been completed; and (ii) that infringement proceedings under Chapter 6 may be commenced. (4) An appeal lies to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) against a decision of the Registrar under this section.