38 Intellectual Property Act, No. 36 of 2003 (4) On receipt of any such submission as required by subsection (3) the Director-General may grant such applicant a hearing and inform him of the date and time of such hearing. The Director-General may after such hearing register or refuse to register such industrial design. (5) (a) Notwithstanding the provisions of subsections (1) (2), (3) and (4) where the Director-General finds that the essential elements of an industrial design is derived from an industrial design already registered in respect of which an application for registration is made, he shall notify the applicant accordingly and request him, with a copy to the registered owner of the cited industrial design, to show that the industrial design is not so derived. (b) The applicant may, within a period of three months from the date of such notice, tender his written submissions to the Director-General with the prescribed fee. The registered owner of the cited industrial design may also tender his observations in writing within the same period of time. (c) On receipt of such written submissions and observations, if any, the Director-General shall after hearing the parties if he considers it necessary forthwith determine whether such industrial design should be registered or not. (d) Where the applicant fails to tender his written submissions as required by paragraph (b) of subsection (5) the Director-General shall refuse the application for the registration of the industrial design for reasons to be stated and he shall in writing, if the aplicant so requests, inform the applicant in writing of the grounds for his decision on payment by the applicant of the prescrided fee. (6) Where the Director-General is of the opinion that the industrial design is registrable he may request the applicant to pay within a period of one month the prescribed fee for publication of the application. (7) Where the fee for publication of the application is not paid within the prescribed period registration of the industrial design shall be refused.