No.	4907	
Act No. 1, 2012

Government	Gazette	23	March	2012	

61

INDUSTRIAL PROPERTY ACT, 2012

	
(3)	
The	 Registrar	 must,	 on	 request	 of	 the	 applicant	 within	 the	 prescribed	
period,	 make	 such	 changes	 to	 the	 application	 as	 would	 remove	 the	 reasons	 for	 noncompliance	 as	 referred	 to	 in	 subsection	 (2),	 provided	 that	 no	 such	 change	 will	 be	
allowed	if	it	would	result	in	the	introduction	of	matter	not	in	substance	disclosed	in	the	
initial	 application,	 or	 have	 the	 result	 of	 substantially	 changing	 the	 appearance	 of	 the	
design.
	
(4)	
Where	 the	 Registrar	 finds	 that	 no	 changes	 as	 referred	 to	 in	 subsection	
(3)	 have	 been	 made	 or	 that	 despite	 any	 such	 changes	 the	 requirements	 of	 section	 103	
have	not	been	satisfied,	the	Registrar	must	refuse	the	application.
Recordal of registration, issuance of certificate and publication of registered
design
105.	 (1)	
Once	 the	 Registrar	 has	 registered	 the	 design,	 the	 Registrar	
must	 record	 the	 registration	 in	 the	 register	 and	 issue	 to	 the	 applicant	 a	 certificate	 of	
registration	of	the	design.
	
(2)
After	 the	 design	 has	 been	 registered,	 the	 Registrar	 must	 publish	 in	 the	
bulletin	a	reference	to	the	registration.
Amendment of a design application or registration
106.
(1)	
The	 applicant	 for	 or	 the	 owner	 of	 a	 design	 registration	 may,	
at	 any	 time,	 request	 the	 Registrar	 to	 amend	 the	 application	 or	 registration	 by	 making	
changes	 in	 the	 representations	 or	 in	 the	 statement	 indicating	 the	 type	 of	 products	 in	
respect	 of	 which	 the	 design	 is	 to	 be	 used,	 in	 order	 to	 amend	 the	 protection	 conferred	
by	 the	 registration,	 except	 that	 no	 such	 change	 will	 be	 allowed	 which	 would	 result	 in	
the	 introduction	 of	 matter	 not	 in	 substance	 disclosed	 in	 the	 initial	 application	 on	 the	
basis	 of	 which	 the	 registration	 was	 applied	 for	 or	 granted,	 or	 would	 have	 the	 result	 of	
substantially	changing	the	appearance	of	the	design.
	
(2)	
Where	 the	 request	 for	 the	 amendment	 takes	 place	 after	 registration	 of	
the	design,	it	must	be	published	in	the	bulletin	in	the	prescribed	manner.
	
(3)
In	 the	 circumstances	 of	 subsection	 (2),	 any	 person	 may	 oppose	 such	
request	for	amendment	within	the	prescribed	time	and	in	the	prescribed	manner.
	
(4)	
Any	 opposition	 to	 an	 amendment	 must	 be	 dealt	 with	 by	 the	 Registrar	
in	 the	 prescribed	 manner,	 and	 the	 Registrar	 must	 determine	 whether	 and	 on	 what	
conditions,	if	any,	the	amendment	ought	to	be	allowed.
	
(5)	
If	the	Registrar	is	satisfied	that	the	requirements	of	subsection	(1)	have	
been	complied	with,	and	if	there	is	no	opposition	as	provided	for	in	subsection	(3)	or,	if	
there	is	opposition	and	the	Registrar	is	satisfied	that	such	opposition	is	without	merit,	he	
or	she	must	make	the	requested	changes	in	the	application	or	registration.
	
(6)	
If	 the	 Registrar	 is	 not	 satisfied	 that	 the	 requirements	 of	 subsection	 (1)	
have	been	complied	with,	or	if	there	is	opposition	as	provided	for	in	subsection	(3)	and	
the	Registrar	is	satisfied	that	the	opposition	has	merit,	he	or	she	must	refuse	to	make	the	
requested	changes	in	the	application	or	registration.

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