Clause 26

by inserting, immediately after the word “article” wherever it appears in subsection (1), the words “or non‑physical product”; and

by deleting subsections (2) and (3) and substituting the following subsections:“(2) For the purposes of subsection (1) —

a person is deemed to represent that a design applied to any article is registered in respect of that article, if there is stamped, engraved or impressed on or otherwise applied to the article anything expressing or implying that the design applied to the article has been registered in respect of that article; and

a person is deemed to represent that a design applied to any non‑physical product is registered in respect of that non‑physical product, if —

there is applied to the non‑physical product anything expressing or implying that the design applied to the non‑physical product has been registered in respect of that non‑physical product; or

there is stamped, engraved or impressed on or otherwise applied to a device for projecting the non‑physical product anything expressing or implying that the design applied to the non‑physical product has been registered in respect of that non‑physical product.(3) A person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both, if the person, after the right in a registered design has expired —

marks any article to which the design has been applied with anything implying that there is a subsisting right in the design under this Act, or causes any such article to be so marked;

applies, or causes to be applied, to a non‑physical product to which the design has been applied, anything implying that there is a subsisting right in the design under this Act; or

marks any device for projecting a non‑physical product (being a non‑physical product to which the design has been applied) with anything implying that there is a subsisting right in the design under this Act, or causes any such device to be so marked.”.