Industrial Designs Order, 1999 · As enacted · Part VI · Administrative and Miscellaneous Provisions
66. RectUicationof
Official textFrom Attorney General's Chambers, unchanged
Any person having a sufficient interest may apply for the
Register.
rectification of an error in or omission from the Register:
Provided that an application for rectification may not be made in respect of a matter affecting the validity of an industrial design.
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
An application for rectification may be made either to the
Registrar or to the court, except that -
if any proceeding concerning the industrial design is pending before the court, the application shall be made to the court; and 96
fbJ if in any other case the application is made to the
Registrar, he may at any stage of the proceedings refer the application to the court.
Except where the Registrar or the court directs otherwise, the effect of rectification of the Register is that the error or omission shall be deemed never to have been made.
The Registrar may, on request made in the prescribed manner by the owner of an industrial design, or a licensee, enter any change in his name or address as recorded in the Register.
The Registrar may remove from the Register matters appearing to him to have ceased to have effect -
fa) on an application made to him by any person having a sufficient interest; or
.•
fbJ on his own motion.
Terms defined in s 2
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