15.
Registration of design.
(1)
The registrar shall examine in the prescribed manner any application
for the registration of a design and, if it complies with the requirements
of this Act, register the design in Part A of the register if it is an
aesthetic design or in Part F of the register if it is a functional design.
(2)
A design when registered shall be registered as from the date of
application.
(3)
The same design may be registered in both Part A and Part F of the
register.
(4)
The same design may be registered in more than one class and, in
case of doubt as to the class in which the design ought to be
registered, the registrar shall determine such class.
(5)
Where an application for the registration of a design has been made
or a design has been registered and a further application is made by
the same applicant to register the design or a part thereof in the same
or the other Part of the register and in the same class or in one or
more other classes, such further application shall not be invalidated on
the ground that the design—
(a)
in the case of—
(i)
an aesthetic design, is not new and original;
(ii)
a functional design, is not new and is commonplace in
the art in question,
by reason only that the design forms the subject of such
previous application or registration; or
(b)
was previously made available to the public by reason only
that the design has been applied to articles within the class in
which such previous application or registration was lodged.
[Sub-s. (5) added by s. 71 of Act No. 38 of 1997.]
16.
Refusal of application.
If it appears to the registrar that an application was not made in the
prescribed manner, he shall refuse the application.
17.
Disclosure without proprietor’s knowledge or consent.
The registration of a design shall not be invalid by reason only of the fact that
the design was disclosed, used or known prior to the release date if the
proprietor proves that such knowledge was acquired, or such disclosure or
use was made, without his knowledge or consent, and that the knowledge
acquired or the matter disclosed or used was derived or obtained from him,
and that he applied for and obtained protection for his design with all
reasonable diligence after learning of the disclosure, use or knowledge.