Industrial Designs Order, 1999 · As enacted · Part II · Registration of Industrial Designs
Section 26
Official textFrom Attorney General's Chambers, unchanged
(1.) If on an examination by the Registrar under section 25 an application for registration of an industrial design is found to have satisfied the formal requirements, then as soon as practicable after such examination but subject to section 27, the Registrar shall on payment of the prescribed fee -
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;
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{c) issue a certificate of registration to the person who is the registered owner of the industrial design at the time the industrial design is registered; and
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
Notwithstanding paragraph
of subsection
, advertisement of the registration and publication of the industrial design shall, upon request by the applicant at the time of filing of the application or at any time before the date on which preparations for publication have been completed, be deferred for a period not exceeding twelve months from the date of filing or, if priority is claimed, from the date of priority of the application.
Where a request has been made under subsection (2) for deferment of publication, upon registration of the industrial design, neither the representation of the design nor any file relating to the application shall be open to public inspection. In this case, the
Registrar shall publish a mention of the deferment and information identifying the registered owner, indicating the filing date of the application, the length of the period for which deferment has been requested and any other prescribed particulars.
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;
At the expiry of the period of deferment, the Registrar shall publish the registered industrial design.
The institution of legal proceedings on the basis of a registered industrial design during the period of deferment of publication shall be subject to the condition that the information contained in the Register and in the file relating to the application has been communicated to the person against whom the action is brought.
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;
formal requirements
Defined · s 2"formal requirements" means such requirements of section 15 and of any rules designating requirements as formal requirements for the purposes of this Order;
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