(10)
The Controller shall process international applications in accordance with the
provisions of the Patent Cooperation Treaty, the regulations established thereunder
and the Administrative Instructions under those regulations and with the provisions
of this Act and the regulations made under this Act.
(11)
For the purposes of subsection (10), in the event of conflict, the provisions of
the
Patent
Cooperation
Treaty,
any
regulation
made
thereunder
and
the
Administrative Instructions under those regulations shall prevail.
(12)
Any regulations under this Act may provide for the(a)
(b)
processing of international applications;
functions of the Controller in connection with the Patent Cooperation Treaty,
including
fees
payable,
time
limits,
prescribed
languages
and
other
requirements in relation to international applications.
PART IV - INDUSTRIAL DESIGNS
27.
Definitions
(1)
(2)
28.
29.
For the purposes of this part, any composition of lines or colours or any threedimensional form, or any material, whether or not associated with lines or colours,
is deemed to be an industrial design, provided that such composition, form or
material (a)
gives a special appearance to a product of industry or handicraft;
(b)
can serve as a pattern for a product of industry or handicraft; and
(c)
appeals to and is judged by the eye.
The protection under this Act does not extend to anything in an industrial design
which serves solely to obtain a technical result and to the extent that it leaves
no freedom as regards arbitrary features of appearance.
Registrable industrial design
(1)
An industrial design shall be registrable under this Act where it is new.
(2)
An industrial design is new where it has not been disclosed to the public, anywhere
in the world, by publication in tangible form or by use or any other way, prior to
the filing date or, where applicable, the priority date of the application for
registration.
(3)
Section 12(4) shall apply, mutatis mutandis, to applications for the registration
of industrial designs.
(4)
Any industrial design that is contrary to public order or morality shall not be
registrable.
Right to industrial design
(1)
The right to an industrial design shall belong to the creator.
(2)
Where two or more persons have jointly created an industrial design, the right to
the industrial design shall belong to them jointly.