60
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
Right of priority
101. The provisions of section 29 relating to the right of priority do apply
as if the design is an invention and the application for registration of the design is an
application for a patent.
Filing date of application
102.
(1)
Subject to subsection (2), the Registrar must accord as the
filing date the date of receipt of the application.
(2)
Despite subsection (1), the Registrar must accord as the filing date
the date referred to in subsection (1) only if the application meets the following
requirements:
(a)
the prescribed application fee is paid;
(b)
the application contains the name or indications allowing the identity of
the applicant to be established; and
(c)
the application contains a graphic representation of the article
embodying the design.
(3)
Section 34(2), (3) and (4) relating to corrections to an application do,
with the necessary changes, apply as if the application for a design is an application for
a patent.
Examination as to form and substance
103.
(1)
After according a filing date, the Registrar must, in the
prescribed manner, further examine whether the application complies with the
requirements of section 100(1), (2) and (3).
(2)
If the Registrar finds that the application complies with the requirements
of subsection (1), the Registrar must further examine whether the design complies with
the requirements of sections 92, 93 and 94.
PART 4
REGISTRATION OF INDUSTRIAL DESIGN AND AMENDMENT OF DESIGN
APPLICATIONS OR REGISTRATIONS
Registration of industrial design
104.
(1)
Where the Registrar finds that the requirements referred in
section 103 have been satisfied, either initially or after changes as contemplated in
subsection (3), the Registrar must register the design.
(2)
Where the Registrar finds that the requirements referred to in
subsection (1) have not been satisfied, the Registrar must notify the applicant in the
manner prescribed that the application does not comply with the requirements, setting
out the reasons for the finding, and inviting the applicant to make such changes to the
documents as filed as may be necessary to satisfy the requirements.