Industrial Design
[No. 22 of 2016
531
29. A design which has been displayed or used by the creator
or with the creator’s consent, at an exhibition recognised by the
Agency, before it is registered, shall have the right of priority for a
period not exceeded six months from the date of such exhibition.
Right of
priority by
exhibition of
design
30. (1) Where a person claims that the design, disclosed in
the application for the registration of a design, is derived from a
design for which the rights to such design belong to the person
making the claim, the court may, on the application of such person,
make an order, to the Registrar, to replace the name of the applicant
with that of the person making such claim.
Application
based on
design of
another
person
(2) An action referred to in subsection (1), shall be brought
not later than three years from the time the person claiming to
have the right to the design becomes aware of the filing of the
application or the registration of the design.
31. (1) The Registrar may refuse, in a prescribed manner,
an application for the registration of a design, where the Registrar
considers the—
Refusal of
application
in certain
cases
(a) application to be frivolous, in that it claims, as a design,
something contrary to well established natural laws; or
(b) use of the design would encourage offensive, immoral or
anti-social behaviour:
(2) Despite subsection (1), the Registrar may, where the
Registrar considers that the ground for refusal of an application
under this section can be addressed by amendment, request the
applicant to amend the application accordingly.
(3) A person aggrieved by the decision of the Registrar, under
subsection (1) may, within three months of receiving the decision,
appeal to the court.
32. (1) An applicant for the registration of a design may
amend the application, in the prescribed manner, on the applicant’s
own volition, except that, the amendment shall not go beyond the
disclosure in the initial application.
(2) Where an applicant for the registration of a design makes
an amendment as provided in subsection (1), but goes beyond the
earlier disclosure, the Registrar may request the applicant to exclude,
within a prescribed period, certain additional matter before the
Registrar considers the application.
Amendment
of
application
for
registration
of design