section five; “registered proprietor”, in relation to a design, means the person or persons for the time being entered in the Register as the proprietor of that design; “Registrar” means the Controller or a registrar of industrial designs appointed under paragraph (a) of subsection (3) of section three; “repealed Act” means the Registered Designs Act, 1958 (No. 12 of 1958); “set of articles” means a number of articles of the same general character ordinarily on sale or intended to be used together, to each of which the same design, or the same design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, is applied; “Tribunal” means the Intellectual Property Tribunal established by section three of the Intellectual Property Tribunal Act.[Chapter 26:06] [Amended by Act 25 of 2001 with effect from the 1st March, 2002.] (2) Any reference in this Act to an article in respect of which a design is registered shall, in the case of a design registered in respect of a set of articles, be construed as a reference to any article of that set. (3) Any question arising under this Act whether a number of articles constitutes a set of articles shall be determined by the Registrar and, notwithstanding anything in this Act, any determination of the Registrar under this subsection shall be final. PART II ADMINISTRATION 3 Industrial Designs Office, Controller, registrars of industrial designs and other officers (1) There shall be established an office, to be called the Industrial Designs Office, for the registration of designs and other matters in terms of this Act. (2) The Controller shall exercise general supervision and direction of the Industrial Designs Office. (3) The Minister shall appoint— (a) one or more registrars of industrial designs who shall, subject to the control of the Controller, have all the powers conferred by this Act upon the Registrar; and (b) such examiners and other officers as the Minister considers necessary for the better carrying out of this Act. (4) An examiner or other officer referred to in paragraph (b) of subsection (3) shall, if the Minister so directs, have the power to do any act or thing which may be lawfully done by a registrar of industrial designs under this Act or any other enactment. 4 Seal The seal of the Patent Office kept in terms of the Patents Act shall also be the seal of the Designs Office, and impressions thereof made for the purposes of this Act shall be judicially noticed. [Amended by Act 25 of 2001 with effect from the 1st March, 2002.] 5 Register of Industrial Designs (1) There shall be kept at the Designs Office for the purposes of this Act a Register of Industrial Designs, in which shall be entered— (a) particulars of all registered designs in force and of assignments and transmissions of such registered designs; and (b) notice of all matters which are required by or under this Act to be entered in the Register and of such other matters relating to registered designs as the Registrar thinks fit. (2) . . . . . . [Repealed by Act 25 of 2001 with effect from the 1st March, 2002.] (3) Subject to this Act, the Register shall, at all convenient times, be open to inspection by the public, and a certified copy, sealed with the seal of the Patent Office, of any entry in the Register shall be given on payment of the prescribed fee to any person requiring it.

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