(7)
Any application may, at the time of filing, contain a request that the publication
of the industrial design, upon registration, be deferred for a period not exceeding
12 months from the date of filing, or where priority is claimed, from the date of
priority, of the application.
(8)
31.
The applicant may, at any time before an industrial design is registered, withdraw
the application subject to the payment of a prescribed fee.
Registration
(1)
The Controller shall accord the date of receipt of the application as the filing
date provided that, at the time of receipt, the application contains (a)
indications allowing the identity of the applicant to be established; and
(b)
the required graphic representations of the industrial design.
(2)
Where the Controller finds that the application did not, at the time of receipt,
fulfill the requirements referred to in subsection (1), he shall invite the
applicant to file the required correction and, shall accord the date of receipt of
the required correction as the filing date, and where no correction is made, the
application shall be deemed not to have been filed.
(3)
The Controller shall, after according a filing date, examine whether(a)
(b)
(c)
(4) (a)
(b)
(5)
the application complies with
regulations made under this Act;
the
requirements
of
section
30
and
any
the application fee has been paid; and
the industrial design complies with the requirements of sections 27 and 28
and the regulations pertaining thereto.
Where the Controller finds that the conditions referred to in subsection (3)
have been fulfilled, he shall register the industrial design, publish a
reference to the registration; and issue to the applicant a certificate of
registration of the industrial design upon payment of a registration fee as
may be prescribed.
Where an application does not satisfy the requirements of subsection (3), the
Controller shall reject the application.
Notwithstanding subsection (4), where an application contains a request for the
deferment of publication under section 30(7), the Controller shall, upon
registration of the industrial design (a)
ensure that neither the representation of the design nor any file relating to
the application shall be open to public inspection; and
(b)
publish a mention of the deferment of the publication of the industrial
design and information identifying file registered owner, and indicating the
filing date of the application, the length of the period for which deferment
has been requested and any other prescribed particulars.
(6)
At the expiry of the period
registered industrial design.
of
deferment,
the
Controller
(7)
Any legal proceedings commenced during the period of
the basis of a registered industrial design shall give
the information contained in the Register and in
application has been communicated to the person against
shall
publish
the
deferment of publication on
rise to the presumption that
the file relating to the
whom the action is brought.