Click Here & Upgrade
PDF
Complete
Expanded Features
Unlimited Pages
Documents
22.
23.
(2)
In a case where the repeating surface pattern is to be applied to a twodimensional article, the representation may be in the form of a specimen.
(1)
Where the name or representation of a living person appears in a design, the
registrar shall, if he so requires, be furnished with a consent from such person
before proceeding to register the design.
(2)
Where the name or representation of a deceased person appears in a design, the
registrar shall, if he so requires, be furnished with a consent from the legal
representative or next of kin of such person before proceeding with the
registration of the design.
Late lodging of documents
A document which did not accompany an application in terms of regulation 12 (1) or
17 (2) shall be lodged on Form D5 within six months of the date on which the
application was lodged.
24.
Requests and applications to the registrar
Unless otherwise provided, any request or application to the registrar shall be made on
Form D4, in duplicate, quoting the section of the Act or the regulation or both under
which the request or application is made, and setting out the relief sought. The
duplicate of the form shall be returned to the applicant or his agent to inform the
applicant or his agent of the decision of the registrar.
25.
Procedure on receipt of application
On receipt of an application for the registration of a design, the registrar shall furnish
the applicant with an acknowledgement thereof, by returning to the applicant the copy
of the Form D1 with the official application number and filing date entered thereon.
26.
(1)
An application for the registration of a design shall be examined by the registrar
to ensure that the documents lodged are legible and capable of reproduction and
comply with prescribed requirements as to form, and that the design is classified,
and if in his opinion there is no objection to the registration of the design, and
subject to subregulation (2), he shall register it.
(2)
If the applicant has lodged a request on Form D4 that examination of the design
be delayed to a date not later than the date by which the application has to be
finalised in terms of regulation 32, the registrar shall, if the requirements as set
out in subregulation (1) have been complied with and in his opinion there is no
objection to the registration of the design, register the design on the date to which
registration has been delayed.
(3)
Where the applicant has lodged a request for the registration of a design to be
delayed as contemplated in subregulation (2), and the application is not in a form
ready for registration by the date by which the application has to be finalised in
terms of regulation 32, the application shall be dealt with in the manner as
provided in regulation 32.
27.
If after consideration of the application the registrar has any objections, a statement of
those objections shall be sent to the applicant in writing and unless, within six months
or such further period as the registrar may on request allow, the applicant rectifies any
defect, or applies for a hearing, or makes written representations, he shall be deemed
to have withdrawn his application. The decision of the registrar at such hearing or on
such written representation shall be communicated, in writing, to the applicant.
28.
If, in any hearing before the registrar, a party does not agree with a decision of the
registrar, he may, should he consider it necessary for the purpose of appeal, within one