3. The Minister may establish an office for industrial designs to carry out
the functions vested in it by the provisions of the ACT.
4. The Minister may set up a committee known as “The Consultative
Committee for Industrial Design” for the purpose of giving of opinions on
applications for registration of industrial designs, the functions of such
committee shall be specified by the Minister.
Part Three: Scope and Conditions for Protection
5. (1) Industrial designers shall enjoy the rights provided for in this Act,
so long as they comply with all conditions and procedures laid down by
this Act without prejudice to any rights vested in them under any other
law.
(2) Protection given by this Act shall not extend to any part of an
industrial design if the purpose of the industrial design is solely to achieve
a technical result.
6. (1) Industrial designs shall not enjoy protection under this Act unless
they are
registered in accordance with its provisions.
(2) Registration of an industrial design shall, according to law, be given to
the first person whose application fulfills all the right conditions or to the
person who by satisfying the conditions, shall be tghe first to lawfully
apply for priority of registration on the ground of having made an
application for registration in a foreign country at an earlier date.
7. (1) Only new industrial designs shall enjoy the protection provided for
in this Act.
(2) Industrial designs, which, are against the public interest or morals
shall not be protected under this Act.
8. (1) The forwarding of an application shall be a presumption of novelty
of an industrial design at the time of such application.
(2) An industrial design shall not be considered new if it is available to the
public, at any place and by any means whether by prior use or description
before the date of an application for its registration or before the date
when it can be legally claimed and unless its designer proves that he was
not in a position to know about the availability of the design to the public.
(3) An industrial design shall not be deemed to have been made available
to the public solely by reason of the fact that, within a period of six
months preceding the filing of an application for registration, the designer
or his successor has exhibited it in a nationally or internationally