534 No. 22 of 2016]
Industrial Design
(2) Where the Registrar is of the opinion, after conducting an
examination, referred to in subsection (1), that an application is not
compliant with the requirements of this Act, the Registrar shall
notify the applicant, in writing, to make relevant amendments to
the application, within a prescribed period.
(3) Where the applicant fails, after the notification referred to
in subsection (2), to make the relevant amendments to the
application, the Registrar shall consider the application to have
lapsed, as provided in section thirty-seven.
(4) Where an application is found to be compliant with the
requirements of this Act, after the examination referred to in
subsection (1), the Registrar shall cause to be conducted a novelty
search to ascertain the design’s individual character.
Acceptance
of
application
40. Subject to section thirty-seven, where the Registrar is of
the opinion that the application, and the design to which it relates,
meets the requirements of this Act, the Registrar shall issue or
cause to be issued an acceptance of the application for the
registration of a design, in a prescribed manner.
Publication
of
acceptance
41. Subject to the other provisions of this Act, the Registrar
shall publish the acceptance of an application for the registration of
a design in the Industrial Property Journal, as soon as practicable,
upon payment of a prescribed fee.
Inspection of
application
42. Subject to section seventy-five, an application for the
registration of a design and all accompanying documents shall, on
payment of the prescribed fee, be open for inspection by the public
during prescribed hours, after the Registrar has accepted and
published the application in accordance with section forty.
Opposition
to
registration
of design
43. A person, including the State, may oppose the registration
of a design at any time, within a period of two months from the
date an application is published, or within such further period as the
Registrar may allow, by filing a written notice of opposition to the
Registrar, stating any of the following grounds:
(a) that the applicant is not entitled in accordance with section
twenty-one, to make an application for the registration
of a design;
(b) that the person making the application or the person through
whom the applicant claims the design wrongfully obtained
the design from a person opposing the grant;