The Industrial Property Act, 2001 Applicability of provisions relating to patents 42 81. (1) Subject to section 82, the provisions of Part III, IV, V, VII, VIII, IX, X, XI, XV and XVI shall apply, mutatis mutandis, to utility model certificates or applications thereof, as the case may be. (2) Where the right to a patent conflicts with the right to a utility model certificate in the case referred to in section 30(3), the said provision shall apply as if the word “patent” were replaced by the words “utility model certificate.” Special provisions relating to utility model certificates 82. (1) An invention qualifies for a utility model certificate if it is new and industrially applicable. (2) Sections 22, 24, 43, 44 and 60 shall not apply in the case of an application for utility model certificates. (3) A utility model certificate shall expire at the end of the tenth year after the date of the grant of the utility model, and shall not be renewable. Conversion of patent applications to applications for utility model certificates, and vice versa. 83. (1) At any time before the grant or refusal of a patent an applicant for a patent may, upon payment of the prescribed fees, convert his application into an application for a utility model certificate, which shall be accorded the filing date of the initial application. (2) At any time before the grant or refusal of a utility model certificate, an applicant for a utility model certificate may, upon payment of the prescribed fees, convert his application into a patent application, which shall be accorded the filing date of the initial application. (3) An application may not be converted under subsection (1) more than once. PART XII - INDUSTRIAL DESIGNS Definition of an industrial design 84. (1) For the purposes of this Part, “an industrial design” means any composition of lines or colours or any three dimensional form, whether or not associated with lines or colours: Provided that such composition or form gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft. (2) The protection under this Act shall not extend to anything in an industrial design which serves solely to obtain a technical result. Right to industrial design; naming of 85. (1) Subject to the provisions of any other written law, the creator of an industrial design or his successors in title shall have the exclusive right to

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