Industrial Designs Order, 1999 · As enacted · Part II · Registration of Industrial Designs
16. (1)
Official textFrom Attorney General's Chambers, unchanged
Subject to this Order, the filing date of an application for registration of an industrial design is the latest of the dates on which
filing date
"filing date", in relation to an application for registration, means the date determined under section 16 as the filing date of the application;
{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.
A person who has filed an application for registration of an priority right.
application for registration
"application for registration" means an application for registration of an industrial design made under section 15; 61 29th. JANUARY, 2000 11article 11 means any article of manufacture and includes any part of an article if that part is made and sold separately;
industrial design in, or in respect of, a Paris Convention country or
industrial design
"industrial design" means features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include - fa} a method or principle of construction; or [i) are dictated solely by the function which the article has to perform; 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.
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 -
the previous application · has been withdrawn, abandoned or refused, without having been open to public inspection and without leaving any rights outstanding; and
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.
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.
Terms defined in s 2
application for registration
Defined · s 2"application for registration" means an application for registration of an industrial design made under section 15; 61 29th. JANUARY, 2000 11article 11 means any article of manufacture and includes any part of an article if that part is made and sold separately;
filing date
Defined · s 2"filing date", in relation to an application for registration, means the date determined under section 16 as the filing date of the application;
industrial design
Defined · s 2"industrial design" means features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include - fa} a method or principle of construction; or [i) are dictated solely by the function which the article has to perform; or
Part III
Part IV
Use by Government of Industrial Designs
Part VI