Intellectual Property Act, No. 36 of 2003
39
(8) (a) If the fee for publication is paid within the
prescribed period the Director-General shall proceed to
publish the application setting out the date of application,
number of the application, the name and address of the
applicant and if the applicant is resident outside Sri Lanka,
a postal address for service in Sri Lanka, the priority claimed,
a description of the industrial design and the kind and class
of the industrial design.
(b) Notwithstanding the provisions of subsections (6),
(7) and paragraph (a) of subsection (8), the Director-General
may in his discretion by a written notice, require the applicant
to publish the application in accordance with the provisions
of paragraph (a) of subsection (8) and in the form as indicated
by the Director-General. Where the applicant fails or neglects
to publish the application as required by the Director-General
within a period of two months from the said notice of the
Director-General, the application may be refused.
(9) Where any person considers that the industrial design
is not registrable on one or more grounds referred to in section
29 he may within a period of two months from the date of
publication give to the Director-General in a prescribed form
and together with the prescribed fee, notice of opposition to
such registration stating his grounds of opposition
accompanied by evidence to substantiate such grounds.
(10) Where notice of opposition has not been received
by the Director-General within the period specified in
subsection (9) the Director-General shall register the
industrial design.
(11) Where, within the period specified in subsection
(9) notice of opposition in the prescribed form is received
by the Director-General, together with the prescribed fee,
he shall serve a copy of such grounds of opposition on the
applicant and shall request him to present his observations
on those grounds in writing accompanied by evidence to
support his application within a period of one month.
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