Clause 18

after subsection (2), insert —“(2A) Where an applicant for registration of a design, or the registered owner of a registered design, disclaimed any right in relation to a specified feature of the design —

at any time before 26 May 2022; and

in any application, request or other document that otherwise complied with the requirements of this Act and the rules made under this Act,then —

subsection (1) applies in relation to that disclaimer as if that subsection were in force on the date of the making of the disclaimer; and

subsection (2) applies in relation to the registration of that design and (if the disclaimer was to apply beginning on a date before 26 May 2022) is taken to have always applied in relation to the registration beginning on the date the disclaimer was to begin to apply.(2B) However, nothing in subsection (2A) applies to, or may be construed to affect —

any decision or judgment issued by any court given before 12 September 2022 in relation to that design; or

any proceedings before any court commenced before 12 September 2022 in relation to that design.”; and

in subsection (3), delete “register” and substitute “Register”.