56	

Government	Gazette	23	March	2012	

Act No. 1, 2012

No.	4907


INDUSTRIAL PROPERTY ACT, 2012

	
(2)	
Any	 decision	 taken	 by	 the	 Registrar	 under	 this	 Chapter,	 including	 in	
regard	 to	 the	 grant	 of	 a	 patent	 or	 utility	 model	 certificate,	 or	 in	 regard	 to	 the	 rejection	
of	 an	 application	 for	 such	 a	 grant,	 may	 be	 the	 subject	 of	 an	 appeal	 to	 the	 Tribunal	 by	
an	interested	party	in	the	matter	before	the	Registrar,	and	such	appeal	must	be	filed	and	
prosecuted	as	prescribed.
	
(3)	
Any	 change	 or	 amendment	 or	 correction	 of	 any	 document	 forming	
part	 of	 an	 application	 for	 a	 patent	 or	 utility	 model	 certificate	 applied	 for	 or	 of	 a	 patent	
or	 utility	 model	 certificate	 granted	 under	 this	 Chapter,	 or	 any	 change	 or	 amendment	
or	 correction	 of,	 or	 any	 provision	 or	 condition	 in,	 any	 document	 forming	 part	 of	 an	
application	 for	 a	 compulsory	 licence	 or	 the	 grant	 of	 a	 compulsory	 licence	 under	 this	
Chapter	 may,	 on	 application	 by	 an	 interested	 party	 to	 the	Tribunal,	 be	 set	 aside	 by	 the	
Tribunal	 if	 such	 change	 or	 amendment	 or	 correction,	 or	 such	 provision	 or	 condition,	
does	not	comply	with	the	provisions	of	this	Act.
CHAPTER	3

INDUSTRIAL	DESIGNS

PART 1

INDUSTRIAL DESIGNS

Definitions
92.	

For	the	purposes	of	this	Chapter	–

“article”	means	any	article	of	manufacture,	including	an	item	of	handicraft;
“design”	means	any	feature	or	combination	of	features	of	form	or	shape	or	configuration,	
or	 any	 feature	 or	 combination	 of	 features	 of	 pattern	 or	 ornamentation,	 including	 any	
composition	 of	 lines	 or	 colours,	 applied	 to	 an	 article	 to	 give	 it	 an	 appearance	 having	
such	features	discernable	by	the	eye,	but	does	not	include	any	feature	serving	solely	to	
obtain	a	functional	or	technical	result;
“design	registration”	means	the	title	granted	under	this	Act	to	protect	a	design;
“exploit”,	 in	 relation	 to	 a	 registered	 design,	 means	 the	 doing	 of	 any	 act	 mentioned	 in	
section	107	for	commercial	purposes;
“International	 Classification”	 means	 the	 classification	 according	 to	 the	 Locarno	
Agreement	 of	 1968	 establishing	 an	 International	 Classification	 for	 Industrial	 Designs;	
and
“set	of	articles”	means	a	number	of	articles	of	the	same	general	character	intended	to	be	
used	or	sold	together,	and	in	respect	of	which	the	same	design,	with	such	modifications	
as	may	be	appropriate,	is	applied	to	each	article.
Registrable designs
93.

(1)	

A	design	is	capable	of	registration	if	it	is	new.

Select target paragraph3