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No. 10
Patents and Industrial Designs Act
2012
(2) Paragraph (b) of subsection (1) of section 18 shall
apply mutatis mutandis to this section.
Examination
of
applications.
53. After according a filing date, the Registrar shall examine
whether the application complies with the requirements of subsections
(1) and (3) of section 51, whether the application fee has been paid
and whether the industrial design complies with the definition of
"industrial design" in section 1 and the requirements of subsection
(3) of section 50.
Registration
of industrial
designs.
54. Where the Registrar is satisfied that the conditions referred
to in section 53 are fulfilled, he shall register the industrial design and
issue to the applicant a certificate of registration of the industrial
design; otherwise, he shall reject the application.
Publication of
details of
industrial
designs
55. 55. (1) The Registrar shall publish the following details for
each industrial design granted:(a) � the number of the industrial design;
(b) � the name and address of the owner of the
design;
(c) � the name and address of the creator of the
design, unless he has requested not to be
mentioned on the certificate of registration;
(d) � the name and address of the agent if there is
one;
(e) � the date of filing of the application;
(f) � mention of priority, if priority has been validly
claimed;
(g) � the date of registration of the design;
(h) � the title of the design; and
(i) � a reproduction of a specimen of the design
No. 10
Patents and Industrial Designs Act
2012
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(2) The Registrar shall establish and determine the
conditions of publication of the specification of the model, specimen
or design and shall make them available for inspection upon request.
(3) Notwithstanding subsection (1), where a request has
been made under subsection (6) of section 51 for the deferment of
publication upon registration of the industrial design, neither the
representation of the design nor any file relating to the application
shall be open to public inspection.
(4) After granting the request for deferment of
publication, the Registrar shall publish a mention of such deferment
and information identifying the registered owner and indicating the
filing date of the application, the length of the period for which
deferment has been requested and any other prescribed particulars.
(5) The Registrar shall publish the registered industrial
design at the expiry date of the period of deferment.
(6) The institution of legal proceedings on the basis of a
registered industrial design during the period of deferment of
publication shall be subject to the condition that the information
contained in the Register and in the file relating to the application has
been communicated to the person against whom the action is brought.
56. Where designs have not been claimed by their owner within Donation of
two years following expiration of the period of protection, they shall industrial
designs.
be donated to an educational or research or cultural institution
determined by the Minister.
57. (1) The exploitation of a registered industrial design in
Sierra Leone by persons other than the registered owner shall require
the agreement of the owner.
(2) For the purposes of this Act, "exploitation of a
registered industrial design" means the making, selling or importation
of articles incorporating the industrial design.
Rights
conferred by
registration of
industrial
designs, etc.