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.