Industrial Designs Order, 1999 · s 16

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16.
( 1)
Subject to this Order, the filing date of an application for registration of an industrial design is the latest of the dates on which
{a)
documents containing everything required by paragraphs {a) to {c) of subsection (2) of section 15 have been filed; and
{b) the prescribed filing fee has been paid.
Claim to 17.
(1)
A person who has filed an application for registration of an priority right.
industrial design in, or in respect of, a Paris Convention country or
WTO member or his successor in title, has a right of priority, for the purposes of registering the same industrial design under this Order in respect of any or all of the same articles, for a period of six months from the filing date of the first application, subject to compliance with any prescribed conditions.
(2)
Any filing of an application for registration of an industrial design in, or in respect of, a Paris Convention country or WTO member which is equivalent to a regular national filing under the law of that Paris Convention country or WTO member, or under any 70
agreement to which it is a party, shall be recognised as giving rise to a right of priority.
!3)
A subsequent application for the registration of an industrial design that was the subject of a previous application, and that was filed in or in respect of the same Paris Convention country or WTO member, shall be considered as the first application for the purpose of determining priority if on the filing date of the subsequent application -
(a)
the previous application · has been withdrawn, abandoned or refused, without having been open to public inspection and without leaving any rights outstanding; and
(b)
has not served as a basis for claiming a right of priority.
!4)
In this section, "regular national filing" means any filing of an application for registration of an industrial design in, or in respect of, a Paris Convention country or WTO member which is adequate to establish the date on which such application was filed, whatever the result of that application.
(5)
An application for the registration of an industrial design filed in, or in respect of, Brunei Darussalam shall give rise to a right of priority with the same effect provided in subsections (1), (2)
and !3). Upon filing a subsequent application in, or in respect of,
Brunei Darussalam claiming the priority of an earlier application filed in, or in respect of, Brunei Darussalam, the latter shall be deemed to be abandoned and replaced by the former.

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s 16( 1)

Subject to this Order, the filing date of an application for registration of an industrial design is the latest of the dates on which

{a)

documents containing everything required by paragraphs {a) to {c) of subsection (2) of section 15 have been filed; and

{b) the prescribed filing fee has been paid.

Claim to 17.

(1)

A person who has filed an application for registration of an priority right.

industrial design in, or in respect of, a Paris Convention country or

WTO member or his successor in title, has a right of priority, for the purposes of registering the same industrial design under this Order in respect of any or all of the same articles, for a period of six months from the filing date of the first application, subject to compliance with any prescribed conditions.

(2)

Any filing of an application for registration of an industrial design in, or in respect of, a Paris Convention country or WTO member which is equivalent to a regular national filing under the law of that Paris Convention country or WTO member, or under any 70

agreement to which it is a party, shall be recognised as giving rise to a right of priority.

!3)

A subsequent application for the registration of an industrial design that was the subject of a previous application, and that was filed in or in respect of the same Paris Convention country or WTO member, shall be considered as the first application for the purpose of determining priority if on the filing date of the subsequent application -

(a)

the previous application · has been withdrawn, abandoned or refused, without having been open to public inspection and without leaving any rights outstanding; and

(b)

has not served as a basis for claiming a right of priority.

!4)

In this section, "regular national filing" means any filing of an application for registration of an industrial design in, or in respect of, a Paris Convention country or WTO member which is adequate to establish the date on which such application was filed, whatever the result of that application.

(5)

An application for the registration of an industrial design filed in, or in respect of, Brunei Darussalam shall give rise to a right of priority with the same effect provided in subsections (1), (2)

and !3). Upon filing a subsequent application in, or in respect of,

Brunei Darussalam claiming the priority of an earlier application filed in, or in respect of, Brunei Darussalam, the latter shall be deemed to be abandoned and replaced by the former.