Industrial Design
[No. 22 of 2016
529
(f) was made to the public for the purpose of providing the
result of a research undertaken by a higher education
institution, research institution or development institution,
within six months preceding the date of lodging an
application for the registration of the design.
25. An application for the registration of a design shall
contain—
Contents of
application
(a) the name and residence of the creator of a design;
(b) the name and residence of the applicant;
(c) where the applicant has a representative, the name and
address of the representative;
(d) where the applicant is a legal entity, the name and nature
of the entity;
(e) a detailed description of a design; and
(f) any other requirements as may be prescribed.
26. (1) An application for the registration of a design shall
be assigned a filing date by the Registrar.
Filing date
(2) The Registrar shall assign, as the filing date of an
application, the date on which the applicant has satisfied the
requirements of this Act.
(3) Where the Registrar finds that, on the face of it, the
application for the registration of a design does not fully comply
with the requirements of this Act, at the time of filing, the Registrar
shall request the applicant to file the necessary correction, within a
prescribed period, before the application is assigned a filing date.
(4) Where the applicant complies with the request referred to
in subsection (3), the Registrar shall assign, as the filing date for
the registration of a design, the date on which the correction is
lodged.
(5) Where the applicant fails to comply with the request
referred to in subsections (3), within the prescribed period, the
Registrar shall consider the application for the registration of a
design not to have been filed and the design shall form part of the
prior art.
27. Where two or more persons, separately and independently,
create the same design and each of them separately files an
application for the registration of a design, the right to register such
a design shall belong to the person whose application has the earliest
filing date, or if priority is claimed, the earliest priority date.
First to file
rule