(2) Where the applicant is not the creator, the request shall be accompanied by a
statement justifying the applicant’s right to the registration of the industrial design.
(3) Section 9 shall apply mutatis mutandis to applications for registration of industrial
designs under this section.
(4) The applicant may withdraw the application at any time during its pendency.
Examination, registration of industrial designs
23.—(1) The Registrar shall accord as the filing date the date of receipt of the
application:
Provided that, at the time of receipt, the application contains the name of the applicant
and a pictorial representation of the article embodying the industrial design or a specimen
thereof. Section 11(2) shall apply mutatis mutandis to the application under this subsection.
(2) After according a filing date, the Registrar shall examine whether the application
complies with the requirements of section 22(1) and (2) and the regulations pertaining thereto.
(3) The Registrar shall examine whether the industrial design is an industrial design as
defined in section 2 and whether it complies with the requirements of section 20(4) and the
regulations pertaining thereto.
(4) Where the Registrar finds that the conditions referred to in subsections (2) and (3)
are fulfilled, he shall register the industrial design, publish the fact of the registration and
issue to the applicant a certificate of registration of the industrial design. Otherwise, he shall
reject the application.
Rights conferred by registration, duration, renewal,
ARIPO Protocol Industrial Designs
24.—(1) The exploitation of a registered industrial design in Lesotho by persons other
than the registered owner shall require the agreement of the latter.
(2) The rights conferred by registration of an industrial design shall not extend to acts
in respect of articles which have been put on the market in Lesotho by the registered owner of
the industrial design or with his consent.
(3) The registered owner of an industrial design shall, in addition to any other rights,
remedies or actions available to him, have the right to institute court proceedings against any
person who exploits the industrial design or who performs acts which make it likely that
infringement will occur.
(4) The registration of an industrial design shall be for a period of five years from the
filing date of the application for registration. The registration may be renewed for two further
consecutive periods of five years through the payment of the prescribed fee. A period of
LESOTHO
Industrial Property Order, 1989 (Order No. 5 of 1989, as last amended by Act No. 4 of 1997)
[LS 1-001]
page 15/28