No. 4907
Act No. 1, 2012
Government Gazette 23 March 2012
59
INDUSTRIAL PROPERTY ACT, 2012
(b)
where the creator of the design executed the work for another person,
as contemplated in section 97, such other person;
(c)
where the ownership in the design has passed to another person,
including by assignment or by operation of law or assignment under
section 98, such other person; or
(d)
by an agent duly authorised to act on behalf of any of the persons
referred to in paragraphs (a) to (c).
Application for registration
100. (1)
An application for the registration of a design must be filed
with the Registrar in the manner prescribed and must contain the following –
(a)
a request, in writing, that the design is to be registered, including the
name of and other prescribed information concerning the applicant;
(b)
drawings, photographs or other graphic representations of the article
embodying the design;
(c)
a statement, in writing, indicating the type of products in respect of
which the design is to be used;
(d)
an indication of the class or classes of the International Classification in
which the design is to be registered; and
(e)
the prescribed application fee.
(2)
Where the design is two dimensional, a specimen of the article
embodying the design may be lodged instead of a representation.
(3)
Where the applicant is not the creator of the design, he or she must,
if the Registrar calls therefore, furnish the Registrar with a statement, justifying the
applicant’s right to the registration of the design as provided in section 96.
(4)
The application may, at the time of filing, contain a request that the
publication of the design, upon registration, be deferred for a period not exceeding 12
months from the date of filing or, if priority is claimed, from the date of priority, of the
application.
(5)
The applicant may, at any time before the registration of a design,
withdraw his or her application.
(6)
An application under this section may be made in respect of two or
more designs relating to articles in the same class of International Classification or to a
set of articles.
(7)
An application for the registration of a design as contemplated in
this section must be accompanied by the payment of the prescribed fee in the manner
prescribed.