538
No. 22 of 2016]
(2)
Industrial Design
Despite subsection (1), where —
(a) an applicant, named in a joint application dies, the Registrar
may, with the written consent of the deceased applicant’s
legal representative, register the design and grant the
certificate in the name or names of the surviving applicant
or applicants named in the joint application; and
(b) an applicant or joint applicants have agreed, in writing, to
assign the design or a share in the design, the Registrar
shall not, without proof of an executed instrument,
register the design and grant the certificate in the name
of the assignee or their assignees.
(3) Subject to any proceedings in accordance with this Act,
the effective date of a registered design shall be the filing date of
the application for the registration of a design.
Date and
term of
registration
52. (1) Subject to this Act, a registered design certificate shall
be dated as of the date on which the application was filed with the
Registrar.
(2) The date, referred to in subsection (1), shall be entered in
the Register of designs, in the prescribed manner.
(3) Subject to this Act, a registered design shall be valid for a
period of five years from the filing date of the application for the
registration of a design and may be renewed for a further period of
five years, subject to the advertisement of the application in a
prescribed manner and payment of a prescribed renewal fee.
(4) The Registrar shall publish, in the Intellectual Property
Journal, a design that has ceased to be protected by registration, as
soon as is practicable.
(5) A design in respect of which protection by registration has
ceased, shall be removed from the Register.
Publication
of
registration
53. The Registrar shall, as soon as practicable, publish, in a
prescribed manner, a notice of the registration of a design or the
renewal of the registration of a design, in the Industrial Property
Journal.
Restoration
of design on
Register
54. (1) Where a design has been removed from the Register
under section fifty-two, a proprietor may, within six months of the
removal, apply to the Registrar for the restoration of a design on
the Register, in a prescribed manner.
(2) Where the Registrar is satisfied that the omission to pay
the maintenance fee was unintentional and that no undue delay has
occurred in the making of the application referred to in subsection
(1), the Registrar shall publish the application in the prescribed
manner.
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