IPA design ownership-disputes--overview — IP Australia Designs Examiners' Manual – 25.1. Ownership disputes: overview

Key legislation in this topic: Designs Act: ss 29 , 52 Key related topics: Production of documents The Designs Office deals with 3 categories of disputes about the ownership of a design: Disputes about whether or how a design application should proceed. These are dealt with under s 29 . There are 2 subcategories: Joint applicants cannot agree on whether or how to go ahead with the application. Someone else asserts that they are entitled to apply for the design, either alone or as a joint applicant. Disputes about who was entitled to register a design (i.e. one that has already been registered). These are dealt with under s 52 (see Revocation after an ownership dispute ). Disputes about recording a change of ownership before registration. Such changes are normally uncontroversial (see Assignments and other interests ). If there is a dispute it is dealt with under s 29. ​​​​​​​ The Registrar resolves most ownership disputes by reviewing evidence and conducting a hearing .