548
No. 22 of 2016]
Industrial Design
(a) where the application is made or considered to have been
made in accordance with this Act, it may be processed
but—
(i) the application shall not be published;
(ii) any information relating to the application shall
not be communicated to any unauthorised
person; and
(iii) a design shall not be registered as applied for;
(b) where it is an application for an ARIPO registration of a
design, the application shall not be sent to the ARIPO
office; and
(2) Where the Registrar issues directions against an application
for the registration of a design, as specified in section seventyfive, the Registrar shall give notice, within a prescribed period, to
the Minister responsible for defence or the Minister responsible
for internal security, as the case may be, of such directions and the
reasons for the directions and the Minister shall, on receipt of the
notice, consider whether the publication or communication of such
an application and the information contained in the application would
be prejudicial to the defence of the country or the safety of the
public.
(3) Where the Minister responsible for defence, after
considering the notice, referred to in subsection (2), determines
that the publication or communication of the application or the
registration of a design and the information contained therein, shall
be prejudicial to the defence of the country or the safety of the
public, the Minister shall notify the Registrar to maintain the
directions in force until notification to revoke them is given by the
Minister.
(4) Where the directions referred to in section seventy-five,
are not issued or revoked soon after notification, the Minister
responsible for defence shall review the directions, within a period
of nine months from the date of filing of the application for the
registration of a design or once in every subsequent period of twelve
months.