3. The model of a subject matter and the design which may possible be applied to it may be
registered separately.
4. Industrial designs may not be simultaneously registered as patents of inventions, and vice
versa.
Article 9
1. The registration of an industrial design shall involve a simple legal presumption of novelty.
2. The registration shall also imply that the design meets the requirement of industrial
application.
3. The registration shall be based on an order issued by the Director for Industry, after the
opinion of an expert from the National Industrial Property Service has been issued.
Article 10
An industrial design shall be rejected:
(a) if the subject matter of the industrial design lacks novelty, in accordance with the provisions
of Article 10(1) of the Industrial Property Law;
(b) if the provisions of Article 10(2) of the Industrial Property Law are applied to the subject
matter of the industrial design;
(c) if it should be ascertained that there has been a violation of the provisions of Article 11(2) of
the Industrial Property Law;
(d) if the applicant does not comply, within a period of three months starting from the date of the
letter, with any notification which has been drawn up under Article 30 of the Industrial
Property Law;
(e) if the applicant does not pay the fees required in light of the application of the Industrial
Property Law and in harmony with the values stipulated in the present Regulation.
Article 11
1. Public disclosure in the Industrial Property Bulletin of applications for the registration of
industrial designs must be carried out one year after the date of priority claimed, or in the
event that there is no priority claim, one year after the date of the filing of the application.
2. The publication of the descriptive document, and of one or several of the drawings or
photographs of the subject matter the design for which has been put forward for registration,
shall be deemed to be public disclosure.
Article 12
The provisions of Article 6 shall be applied mutatis mutandis to: the publication of the mention of the
registration of an industrial design; the claims/oppositions process; the publication of the mention of
refusal, or even, to appeals against refusal orders.
CHAPTER III
Trademarks and trade names, geographical indications and appellations of origin
Article 13
1. The National Industrial Property Service shall carry out the study of files relating to
procedures which shall consist mainly and compulsorily of the examination of the trade mark
registered and its comparison with trademarks registered for the same products or services,
after which an opinion shall be formed on the files relating to procedures and submitted for a
ruling of grant or refusal.
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