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(4)
Having regard to the requirement of sections 14(1) and 16 of the Act that an
application is to be filed in the prescribed manner, read with subregulation (1) and
regulation 23, an application shall be accorded a lodging date by the registrar
provided it is accompanied by(a)
the prescribed fee;
(b)
Form D1 signed either by the applicant or his or her agent;
(c)
Form D2 in duplicate;
(d)
Form D6 containing the definitive statement;
(e)
one copy of the representations, notwithstanding that they are not in the
prescribed form; and
(f)
information on the Form D1 whether the application is to be filed in Part A
or Part F of the register.
(5)
The provisions of paragraphs (d) and (e) of subregulation 4 shall be deemed to
have been complied with, in the case of an application in terms of section 44 of
the Act, by the inclusion in the Form D1 of the country, number and date of the
application in a convention country, on the strength of which a priority right is
claimed, and the articles to which the design is to be applied, if the Form D6
containing the definitive statement and the representations are lodged within 14
days of the date on which the application was lodged.
(6)
The provisions of subregulation (4) (f) shall be deemed to be complied with if the
information whether the application is to be filed in Part A or Part F of the register
is supplied within 14 days of the date on which the application was lodged.
13.
An application shall state whether it is to be filed in Part A or Part F of the register, and
the class in which the design is to be registered. Where it is desired to register the
same design in both Part A and Part F of the register and/or in more than one class, a
separate application shall be made in each case, and each such separate application
shall be numbered separately and shall be treated as a separate and distinct
application.
14.
An application shall state the article or articles to which the design is to be applied, and
where the registrar so requires, the applicant shall state also for what purpose the
article(s) to which the design is to be applied will be used.
15.
(1)
An application shall contain, on Form D6, a definitive statement setting out the
features of the design for which protection is claimed. The definitive statement
shall be used to interpret the scope of the protection afforded by the design
registration. In the definitive statement reference may be made to reference
symbols appearing in or on the representations.
(2)
In the case of an application for the registration of an aesthetic design and of a
functional design which is not an integrated circuit topography, a mask work or a
series of mask works, the definitive statement may be accompanied, on Form D6,
by an explanatory statement relating to the design, which explanatory statement
may refer to features of the article(s) to which the design is to be applied
including the function and/or the method or principle of construction of the
article(s).
(3)
In the case of an application for the registration of a functional design for an
integrated circuit topography, a mask work or a series of mask works, the
definitive statement shall be accompanied, on Form D6, by an explanatory
statement as envisaged in subregulation (2) above, which explanatory statement