546 No. 22 of 2016] Industrial Design (3) The mere notification of the existence of a right, as specified in this Part, shall not constitute a threat of a proceeding for the purposes of subsection (1). (4) An application may not be brought under this section where the threat is to bring a proceeding for an infringement that is alleged to consist of making or importing anything. (5) Nothing in this section shall render a practitioner liable to an action in respect of an act done by the practitioner in a professional capacity on behalf of a client. PART XI CANCELLATION OF REGISTRATION OF REGISTERED DESIGN Application to cancel registration of registered design 71. (1) A proprietor may, at any time before the expiry of the term of the registration of a registered design, apply to the Registrar, in the prescribed manner and on payment of the prescribed fee, requesting the Registrar to cancel the registration of a registered design. (2) Where an application is made in accordance with subsection (1), the Registrar shall publish the application, in the prescribed manner, and shall notify, in a prescribed manner, every person, other than the proprietor, whose names appear in the Register as having an interest in the registered design. (3) A person who is notified in accordance subsection (2) may, within the prescribed period after the publication of the application referred to in subsection (1), give written notice to the Registrar objecting to the application. (4) Where a person gives notice, as specified in subsection (3), the Registrar shall notify the proprietor, in the prescribed manner and within a prescribed period, of the objection. (5) Where there is no objection to an application to cancel the registration of a registered design, the Registrar shall make an order cancelling the registration. (6) The Registrar shall, where there is an objection to an application to cancel the registration of a registered design, give an opportunity to the person applying for a cancellation of the registration of a registered design and the objector to be heard, after which the Registrar shall make an order to cancel the registration or dismiss the application to cancel the registration.

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