A.41
46. (1) An application for the registration of a design shall be made to
the Registrar in the prescribed manner and shall be accompanied by —
(a) a request, in writing, for the registration of the design;
(b) drawings, photographs or other graphic representations of the
article embodying the design;
(c) a statement, in writing, indicating the kind of products for which
the design is to be used; and
(d) such application fee as may be prescribed.
(2) Where the design is two dimensional, the application may be
accompanied by a specimen of the article embodying the design.
(3) An applicant for the registration of a design who is not the creator
of the design shall furnish to the Registrar, in writing, such proof of his
or her title or authority to apply for registration as may be prescribed.
(4) An application for the registration of a design under this section
may be in respect of two or more designs, provided that the designs
relate to the same class of International Classification or to the same set
or composition of articles.
(5) An application for the registration of a design may, at the time of
filing, contain a request that the publication of the design, upon
registration, be deferred for a period not exceeding twelve months from
the date of filing or, if priority is claimed, from the date of priority, of
the application.
(6) The applicant may, at any time before the registration of a design,
withdraw his or her application.
47. The provisions of section 17 shall apply in relation to a design.
Application
for
registration of
design
48. (1) The filing date of an application for the registration of a design
shall be the date on which the application is received by the Office if at
the time of receipt, the application contains information allowing the
identity of the applicant to be established and the required graphic
representation of the article embodying the design.
(2) Where the application does not comply with the requirements of
subsection (1), the Registrar shall, in writing, request the applicant to
supply the information or representation missing in the application, and
shall accord as the filing date, the date on which the missing elements
are filed.
(3) If an applicant fails to comply with a request made by the Registrar
under subsection (2), the application shall be treated as though it had
never been filed.
49. The Registrar shall cause the application to be examined to
determine whether —
(a) it complies with the requirements of section 46 (1) and (3) and
the regulations pertaining thereto;
(b) it complies with the definition of an industrial design under this Act;
(c) it complies with the appropriate regulations made in pursuance
of this Part;
(d) the design is not contrary to public order or morality; and
(e) multiple designs submitted under a single application are in
accordance with section 46 (4).
Filing date of
application
Right of priority
Examination
of application