No. 4907
Act No. 1, 2012
Government Gazette 23 March 2012
61
INDUSTRIAL PROPERTY ACT, 2012
(3)
The Registrar must, on request of the applicant within the prescribed
period, make such changes to the application as would remove the reasons for noncompliance as referred to in subsection (2), provided that no such change will be
allowed if it would result in the introduction of matter not in substance disclosed in the
initial application, or have the result of substantially changing the appearance of the
design.
(4)
Where the Registrar finds that no changes as referred to in subsection
(3) have been made or that despite any such changes the requirements of section 103
have not been satisfied, the Registrar must refuse the application.
Recordal of registration, issuance of certificate and publication of registered
design
105. (1)
Once the Registrar has registered the design, the Registrar
must record the registration in the register and issue to the applicant a certificate of
registration of the design.
(2)
After the design has been registered, the Registrar must publish in the
bulletin a reference to the registration.
Amendment of a design application or registration
106.
(1)
The applicant for or the owner of a design registration may,
at any time, request the Registrar to amend the application or registration by making
changes in the representations or in the statement indicating the type of products in
respect of which the design is to be used, in order to amend the protection conferred
by the registration, except that no such change will be allowed which would result in
the introduction of matter not in substance disclosed in the initial application on the
basis of which the registration was applied for or granted, or would have the result of
substantially changing the appearance of the design.
(2)
Where the request for the amendment takes place after registration of
the design, it must be published in the bulletin in the prescribed manner.
(3)
In the circumstances of subsection (2), any person may oppose such
request for amendment within the prescribed time and in the prescribed manner.
(4)
Any opposition to an amendment must be dealt with by the Registrar
in the prescribed manner, and the Registrar must determine whether and on what
conditions, if any, the amendment ought to be allowed.
(5)
If the Registrar is satisfied that the requirements of subsection (1) have
been complied with, and if there is no opposition as provided for in subsection (3) or, if
there is opposition and the Registrar is satisfied that such opposition is without merit, he
or she must make the requested changes in the application or registration.
(6)
If the Registrar is not satisfied that the requirements of subsection (1)
have been complied with, or if there is opposition as provided for in subsection (3) and
the Registrar is satisfied that the opposition has merit, he or she must refuse to make the
requested changes in the application or registration.