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No. 10
Transitional
provisions.
80. (1) Notwithstanding section 79, patents granted and
industrial designs registered under the repealed enactments, shall
remain in force but shall, subject to subsection (2) and (3), be deemed
to have been registered under this Act.
Patents and Industrial Designs Act
2012
(2) Patents granted under the repealed enactments shall remain
in force for the unexpired portion of the period of protection provided
under this Act, subject to the payment of annual maintenance fees.
(3) Industrial designs registered under the repealed enactments
shall be due for the renewal within the same period as provided under
subsection (2) of section 55.
SCHEDULE
(Section 16)
ARTICLE 4– PARIS CONVENTION
A. (1) Any person who has duly filed an application for a
patent, or for the registration of a utility model, or of an industrial
design, or of a trademark, in one of the countries of the Union, or his
successor in title, shall enjoy, for the purpose of filing in the other
countries, a right of priority during the periods hereinafter fixed.
(2) Any filing that is equivalent to a regular filing under
the domestic legislation of any country of the Union or under bilateral
or multilateral treaties concluded between countries of the Union
shall be recognised as giving rise to the right of priority.
(3) By a regular national filing is meant any filing that is
adequate to establish the date on which the application was filed in
the country concerned, whatever may be subsequent fate of the
application.
B. Consequently, any subsequent filing in any of the other
countries of the Union before the expiration of the periods referred to
above shall not be invalidated by reason of any acts accomplished in
the interval, in particular, another filing, the publication or exploration
of the invention, the putting on sale copies of the design, or the use
of the mark, and such acts cannot give rise to any third-party right or
any right of personal possession. Rights acquired by third parties
No. 10
Patents and Industrial Designs Act
2012
before the date of the first application that serves as the basis of the
right of priority are reserved in accordance with the domestic
legislation of each country of the Union.
C. (1) The periods of priority referred to above shall be
twelve months for patents and utility models, and six months for
industrial designs and trademarks.
(2) These periods shall start from the date of filing of the
first application; the day of filing shall not be included in the period.
(3) If the last day of the period is an official holiday, or a
day when the office is not open for the filing of applications in the
country where protection is claimed, the period shall be extended
until the first following working day.
(4) A subsequent application concerning the same object
as previous first application within the meaning of paragraph (2)
above, filed in the same country of the Union, shall be considered as
the first application, of which filing date shall be the starting point of
the period of priority, if, at the time of filing the subsequent application,
the said previous application has been withdrawn, abandoned, or
refused, without having been laid open to public inspection and
without leaving any rights outstanding, and if it has not yet served
as a basis for claiming a right of priority.
D. (1) Any person desiring to take advantage of the priority
of a previous filing shall be required to make a declaration indicating
the date of such filing and country in which it was made. Each
country shall determine the latest date on which such declaration
must be made.
(2) These Particulars shall be mention in the publications issued
by the competent authority, and in particular in the patents and
specifications relating thereto.
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