A.44 Duration and renewal of registered design HARARE Protocol Designs Inspection of registered design Invalidation of registration of design (4) In any proceedings under this section, the court shall have jurisdiction to order the revocation of the registration of a design on any of the grounds specified in section 59, and any such grounds may be relied upon by way of defence. 56. (1) The registration in respect of a design shall expire five years after the filing date of the application for its registration, but may, upon payment of such renewal fee as may be prescribed, be renewed for two further consecutive periods of five years each. (2) Where the owner of the design is late in paying the renewal fee, the Registrar shall, upon payment by the owner of a surcharge that may be prescribed, give a grace period of six months within which the owner must pay the late renewal fee. 57. An industrial design in respect of which Botswana is a designated State, registered by ARIPO under the HARARE Protocol, shall have the same effect in Botswana as an industrial design registered under this Act unless the Registrar communicates, to ARIPO, in respect of the registered design, a decision, in accordance with the provisions of the Protocol, that an industrial design registered by ARIPO, shall have no effect in Botswana. 58. (1) Subject to the provisions of section 46 (5), the representations, specimens and drawings of a registered design, including all documents lodged in relation thereto shall, upon payment of such fees as may be prescribed, be open to inspection by any person on and after the day on which the certificate of registration is issued, however the right of inspection shall not include the right to make a copy of any such representation, drawing or document by mechanical means. (2) Any person may, upon payment of such fees as may be prescribed, obtain, from the Registrar, a copy of the representations, drawings or documents. (3) Where an application for the registration of a design has been abandoned or refused, the representations, drawings or other documents shall not, at any time, be open for inspection, but shall, after the expiration of 12 months from the date of application for registration, be returned to the applicant if he or she requests that they be so returned. 59. (1) Subject to the provisions of this Act, the Registrar or the High Court may, on the application of any interested person, invalidate the registration of a design, either wholly or in part, in respect of any particular article in connection with which the design is registered on any of the following grounds — (a) that the design was not new; (b) that the applicant for registration was not the owner; (c) that the application was made with the intention of defrauding the owner of the design; or (d) that any grounds on which the Registrar could have refused to register the design has come to light.

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