546 No. 22 of 2016]
Industrial Design
(3) The mere notification of the existence of a right, as specified
in this Part, shall not constitute a threat of a proceeding for the
purposes of subsection (1).
(4) An application may not be brought under this section where
the threat is to bring a proceeding for an infringement that is alleged
to consist of making or importing anything.
(5) Nothing in this section shall render a practitioner liable to
an action in respect of an act done by the practitioner in a
professional capacity on behalf of a client.
PART XI
CANCELLATION OF REGISTRATION OF REGISTERED DESIGN
Application
to cancel
registration
of registered
design
71. (1) A proprietor may, at any time before the expiry of
the term of the registration of a registered design, apply to the
Registrar, in the prescribed manner and on payment of the prescribed
fee, requesting the Registrar to cancel the registration of a registered
design.
(2) Where an application is made in accordance with subsection
(1), the Registrar shall publish the application, in the prescribed
manner, and shall notify, in a prescribed manner, every person,
other than the proprietor, whose names appear in the Register as
having an interest in the registered design.
(3) A person who is notified in accordance subsection (2) may,
within the prescribed period after the publication of the application
referred to in subsection (1), give written notice to the Registrar
objecting to the application.
(4) Where a person gives notice, as specified in subsection
(3), the Registrar shall notify the proprietor, in the prescribed manner
and within a prescribed period, of the objection.
(5) Where there is no objection to an application to cancel the
registration of a registered design, the Registrar shall make an order
cancelling the registration.
(6) The Registrar shall, where there is an objection to an
application to cancel the registration of a registered design, give an
opportunity to the person applying for a cancellation of the registration
of a registered design and the objector to be heard, after which the
Registrar shall make an order to cancel the registration or dismiss
the application to cancel the registration.