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shall refer to the function and operation of the integrated circuit topography, mask
work or series of mask works.
16.
17.
(4)
The explanatory statement may be used to assist in interpreting the scope of the
protection afforded by the design registration.
(1)
An application shall include publication particulars, on Form D8, which shall
include a brief statement of the features of the design, to the satisfaction of the
registrar, but which shall not be used to interpret the scope of the definitive
statement. The brief statement of features shall be in narrative form and generally
limited to a single paragraph of not more than 150 words. The statement shall
refer to the article or articles to which the design is to be applied. The publication
particulars shall be published in the journal.
(2)
Save as provided for in subregulation (3), the publication particulars shall be
accompanied by a single representation of the design in a form suitable for
publication in the journal. Features mentioned in the brief statement of features
and illustrated and identified by reference symbols in the accompanying
representation may be identified by the relevant reference symbols in the
statement of features.
(3)
In the case of an application for the registration of a design for an integrated
circuit topography, a mask work or a series of mask works, the publication
particulars need not be accompanied by a representation of the design for
publication in the journal where the representations as lodged in terms of
regulations 12 and 18, by reason of size or for other reasons, are not suitable to
form the basis of a representation for publication in the journal.
Applications in terms of section 44 of the Act
(1)
Where an application for registration of a design is made pursuant to an
application in a convention country in terms of section 44 of the Act (hereinafter
referred to as a 'convention application'), the Form D1 lodged in support of the
convention application shall state the name of the convention country, the official
date of the application in the convention country and the official filing number
allocated to such application.
(2)
In addition to the documents required under regulation 12 (1), the applicant in a
convention application shall furnish the registrar with a certificate by the
registering authority of the convention country verifying, to the satisfaction of the
registrar, the application made in the convention country. If the certificate is in a
language other than an official language of the Republic, it shall be accompanied
by a translation into one of the official languages, which translation shall be
verified to the satisfaction of the registrar.
(3)
The certificate referred to in subregulation (2) shall be lodged within six months of
the lodging of the convention application or within such further period as the
registrar may on request allow.
(4)
A convention application, if not made by the applicant in the convention country,
shall contain also an assignment or other proof, to the satisfaction of the registrar,
of the applicant's right to file the convention application.
(5)
If after an application for registration of a design has been lodged, the applicant
desires to insert a claim to a priority right or to a further priority right by inserting
on the Form D1 the appropriate information as provided for in subregulation (1), a
request on Form D4 shall be lodged with payment of the prescribed fee within
two months from the date on which the application for registration was lodged.