section five;
“registered proprietor”, in relation to a design, means the person or persons for the
time being entered in the Register as the proprietor of that design;
“Registrar” means the Controller or a registrar of industrial designs appointed under
paragraph (a) of subsection (3) of section three;
“repealed Act” means the Registered Designs Act, 1958 (No. 12 of 1958);
“set of articles” means a number of articles of the same general character ordinarily
on sale or intended to be used together, to each of which the same design, or the same
design with modifications or variations not sufficient to alter the character or
substantially to affect the identity thereof, is applied;
“Tribunal” means the Intellectual Property Tribunal established by section three of
the Intellectual Property Tribunal Act.[Chapter 26:06]
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
(2) Any reference in this Act to an article in respect of which a design is registered
shall, in the case of a design registered in respect of a set of articles, be construed as a
reference to any article of that set.
(3) Any question arising under this Act whether a number of articles constitutes a set
of articles shall be determined by the Registrar and, notwithstanding anything in this
Act, any determination of the Registrar under this subsection shall be final.
PART II
ADMINISTRATION
3
Industrial Designs Office, Controller, registrars of industrial designs and other
officers
(1) There shall be established an office, to be called the Industrial Designs Office, for
the registration of designs and other matters in terms of this Act.
(2) The Controller shall exercise general supervision and direction of the Industrial
Designs Office.
(3) The Minister shall appoint—
(a)
one or more registrars of industrial designs who shall, subject to the
control of the Controller, have all the powers conferred by this Act upon the
Registrar; and
(b)
such examiners and other officers as the Minister considers necessary
for the better carrying out of this Act.
(4) An examiner or other officer referred to in paragraph (b) of subsection (3) shall, if
the Minister so directs, have the power to do any act or thing which may be lawfully
done by a registrar of industrial designs under this Act or any other enactment.
4
Seal
The seal of the Patent Office kept in terms of the Patents Act shall also be the seal of
the Designs Office, and impressions thereof made for the purposes of this Act shall be
judicially noticed.
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
5
Register of Industrial Designs
(1) There shall be kept at the Designs Office for the purposes of this Act a Register of
Industrial Designs, in which shall be entered—
(a)
particulars of all registered designs in force and of assignments and
transmissions of such registered designs; and
(b)
notice of all matters which are required by or under this Act to be
entered in the Register and of such other matters relating to registered designs as the
Registrar thinks fit.
(2) . . . . . .
[Repealed by Act 25 of 2001 with effect from the 1st March, 2002.]
(3) Subject to this Act, the Register shall, at all convenient times, be open to
inspection by the public, and a certified copy, sealed with the seal of the Patent
Office, of any entry in the Register shall be given on payment of the prescribed fee to
any person requiring it.