registration or other matter under this Act;
determining the circumstances in which a design is to be taken, for the
(e)
purposes of section 12 of the Copyright Act, to be applied industrially;
(f)
the conduct of the business of the Designs Office;
(g)
authorizing the publication and the sale of copies of representations of
designs and other documents in the Designs Office.
59
Transitional provisions
Notwithstanding the repeal of the repealed Act—
(a)
any design which was registered before the appointed day under the
repealed Act and in which copyright subsisted immediately before that day shall be
treated as though it had been registered under the corresponding provision of this Act
and this Act shall apply thereto;
(b)
any licence granted before the appointed day in respect of a design
referred to in paragraph (a) which was in force immediately before that day shall
continue in force as though it had been granted in terms of this Act.
SCHEDULE (Section 14)
PROTOCOL
on Patents and Industrial Designs Within the Framework of the African Regional
Industrial Property Organization (ARIPO)
Preamble
The Contracting States of this Protocol,
Having regard to the Agreement on the creation of African Regional Industrial
Property Organization concluded in Lusaka (Zambia) on December 9, 1976, and in
particular to its Article III (C), in accordance with the objectives of the Organization
include the establishment of such common services or organs as may be necessary or
desirable for the co-ordination, harmonization and development of the industrial
property activities affecting its members.
Considering the advantages to be gained by the pooling of resources in respect of
industrial property administration.
Hereby agree as follows:
SECTION 1
General
The African Regional Industrial Property Organization (ARIPO) is empowered to
grant patents and to register industrial designs and to administer such patents and
industrial designs on behalf of the Contracting States in accordance with the
provisions of this Protocol, through its Secretariat (hereinafter referred to as “the
Office”).
SECTION 2
Filing and Transmittal of Applications
(1) Applications for the grant of patents or the registration of industrial designs by the
Office shall be filed by the authorized representative of the applicant or by the
applicant with the industrial property office of a Contracting State. An applicant may
be represented by an attorney, agent or legal practitioner who has the right to
represent applicants before the industrial property office of the Contracting State with
which the application is filed and, where the applicant’s ordinary residence or
principal place of business is outside the country, he shall be so represented.
(2) The industrial property office with which the application is filed shall, without
delay, transmit that application to the Office.
SECTION 3
Patents
(1) A patent application shall—
(i)
identify the applicant;
(ii)
contain, as prescribed, a description of the invention, a claim or
claims, a drawing or drawings, where necessary, and an abstract;
(iii)
designate the Contracting States for which the patent is requested to