PART I PRELIMINARY

Regulation

1. Title
2. Interpretation

PART II

APPLICATION FOR REGISTRATION OF DESIGNS

1. Form of application
2. Endorsement as to novelty
3. Application for registration under section 10
4. Representations or specimens to be furnished with application
5. Preparation of representations
6. In certain cases representations to be furnished in place of specimens
7. Portraits, armorial bearings, etc.
8. Designs excluded from registration under section 7 (3)
9. Convention applications

PART III

PROCEDURE ON RECEIPT OF APPLICATION FOR REGISTRATION OF A DESIGN AND EXTENSION OF PERIOD OF COPYRIGHT

1. Registrar's objections
2. Decision of Registrar
3. Procedure on appeal from decision of Registrar
4. Certificate of registration
5. Non-completion
6. Death of applicant
7. Extension of period of copyright

PART IV

ASSIGNMENTS AND COMPULSORY LICENCES

Regulation

1. Application for registration of title under section 22
2. Copies of documents
3. Particulars to be stated in application
4. Application for compulsory licence
5. Opposition
6. Hearing

PART V REGISTER OF DESIGNS

1. Alteration of entries in register
2. Correction of errors
3. Cancellation of registration
4. Costs
5. Searches
6. Certified copies of entries, etc.
7. Copy of certificate of registration
8. Designs not open to public inspection

SECTIONS 7 AND 58-THE REGISTERED DESIGNS REGULATIONS Federal Government

PRELIMINARY

1. These Regulations may be cited as the Registered Designs Title Regulations.
2. In these Regulations, unless the context otherwise requires- Interpretation

"agent" means an agent duly authorised to the satisfaction of the Registrar;

"Office" means the Designs Office;

"section" means a section of the Act;

"specimen" means an article with the design applied to it;

"textile article" means textile piece goods, handkerchiefs and shawls, and includes such other classes of articles of a similar character as the Registrar may from time to time decide.

PART II

APPLICATION FOR REGISTRATION OF DESIGNS

3. (1) An application for the registration of a design shall be signed by the applicant or his agent. The application shall be in Form No. 1 or No. 2 or, in the case of a design to be applied to a set of articles, in Form No. 3 or No. 4, as the case may be.

(2)

Where it is desired to register the same design in respect of more than one article, a separate application shall be made in respect of each article. In that case each application shall be numbered separately and shall be treated as a separate and distinct application.

(3)

Every application shall state the article to which the design is to be applied and that the applicant claims to be the proprietor thereof.

(4)

Except in the case of an application to register a design to be applied to a textile article, to wallpaper or to lace, the application shall further be accompanied by a statement of the features of the design for which novelty is claimed.

1. The applicant shall, if required by the Registrar in any case so to do, endorse on each of the representations or specimens a statement satisfactory to the Registrar of the novelty claimed for the design.
2. If the application is for the registration of a design which has already been registered in respect of one or more articles, or consists of a registered design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, and it is desired to claim the protection of section ten for such application, it shall contain the number or numbers of the registration or registrations already effected.
3. (1) There shall be furnished in connection with an application to register a design four identical representations of the design, in a form satisfactory to the Registrar, or four specimens. Where representations are supplied, the Registrar may at any time before registration require specimens or additional representations.

Form of application

Endorsement as to novelty

Application for registration under section 10

Representations or specimens to be furnished with application

(2)

There shall be furnished in connection with an application for the registration of a design to be applied to a set of articles four identical representations of the design, in a form satisfactory to the Registrar, or four specimens.

(3)

The representations of the design to be applied to a set of articles shall show the design as applied to each different article included in the set.

7. (1) Each representation of the design, whether to be applied to a single article or to a set of articles, shall be upon paper of the size prescribed by regulation 35 and not on cardboard and shall appear on one side only of the paper. The figure or figures shall be placed in an upright position on the sheet. When more figures than one are shown, these shall where possible be on one and the same sheet, and each shall be designated perspective view, front view, side view, plan or otherwise, as the case may be.

(2)

When the representations furnished are drawings or tracings, they shall be in ink, and if on tracing cloth or tracing paper shall be mounted on paper of the size prescribed by regulation 35.

(3)

Where words, letters or numerals appear in the design but are not of the essence of the design, they shall be removed from the representations or specimens; where they are of the essence of the design, the Registrar may require the insertion of a disclaimer of any right to their exclusive use.

(4)

Each representation of a design which consists of a repeating surface pattern shall show the complete pattern and a sufficient portion of the repeat in length and width, and shall not be of less size than 7 inches by 5 inches.

8. When specimens are furnished and are not, in the Registrar's opinion, of a kind which can be conveniently mounted in a flat position by means of an adhesive upon paper, or by stitching on linen-backed sheets of paper of the size prescribed by regulation 35 and stored without damage to other documents, representations shall be furnished in place of specimens.

Preparation of representations

In certain cases representations to be furnished in place of specimens 9. (1) Where a portrait of H.E. the President or Her Britannic Majesty or of any member of the British Royal Family, or a reproduction of the armorial bearings, insignia, orders of chivalry, decorations or flags of any country, city, borough, town, place, society, body corporate, institution or person appears on a design, the Registrar, before proceeding to register the design, shall, if he so requires, be furnished with a consent to the registration and use of such portrait or reproduction from such official or other person as appears to the Registrar to be entitled to give consent, and in default of such consent he may refuse to register the design.

(2) Where the name or portrait of a living person appears on a design, the Registrar shall be furnished, if he so requires, with consent from such person before proceeding to register the design. In the case of a person recently dead, the Registrar may call for consent from his legal representative before proceeding with the registration of a design on which the name or portrait of the deceased person appears.

10. There shall be excluded from registration under the Act designs to be applied to any of the following articles, namely:

(a)

works of sculpture other than casts or models used or intended to be used as models or patterns to be multiplied by any industrial process;

(b)

wall plaques and medals; and

(c)

printed matter primarily of a literary or artistic character, including bookjackets, calendars, certificates, coupons, dressmaking patterns, greetings cards, leaflets, maps, plans, postcards, stamps, trade advertisements, trade forms, and cards, transfers and the like.

11. (1) An application for registration under section thirteen shall contain a declaration that the application in a convention country upon which the applicant relies is the first application made in a convention country in respect of the design, whether by the applicant or by any person of whom he claims to be the legal representative or assignee, and shall specify the convention country in which such foreign application was made, or is to be deemed under subsection (3) of section thirteen to have been made, and the official date thereof.

(2) In addition to the representations or specimens lodged with every convention application, there shall be lodged with the application or Portraits, armorial bearings, etc.

Designs excluded from registration under section 7

(3)

Convention applications

statement as aforesaid in writing, and the date when such statement is sent shall be deemed to be the date of the Registrar's decision for the purpose of an appeal.

1. The certificate of registration of a design shall be in Form No. 6, No. 7, No. 8 or No. 9, whichever is applicable, and may be modified as directed by the Registrar.
1. The time prescribed for the purposes of subsection (4) of section nine, which relates to non-completion of an application, shall be twelve months from the date of the application:
2. Provided that the application may be completed at any time after twelve months but within fifteen months of the date aforesaid, if a request for an extension of time is made in Form No. 10 bearing the prescribed fee.
2. In case of the death of any applicant for the registration of a design after the date of his application, and before registration of the design has been effected, the Registrar may, on being satisfied of the applicant's death, enter in the register, in place of the name, address and nationality of such deceased applicant, the name, address and nationality of the person owning the design on such ownership being proved to the satisfaction of the Registrar.
3. (1) An application for extension of the period of copyright for a second period of five years shall be made in Form No. 11, and an application for extension of the period of copyright for a third period of five years shall be made in Form No. 12.

(2)

An application for extension of the period of copyright in a design registered by virtue of section ten shall be made before the expiration of the period of copyright in the original registered design current at the date of lodging the application under section ten.

(3)

Where an application is made for registration of a design by virtue of section ten and the period of copyright in the original registered design, current at the date of lodging the said application, expires before the completion of that application, registration shall not be effected until the copyright in the original registered design has been extended for a

Certificate of registration

Non-completion

Death of applicant

Extension of period of copyright further period and an application has been lodged for the extension of the period of copyright in the design to be registered.

(4) A request for an enlargement of time for payment of any fee payable for an extension of the period of copyright shall be made in Form No.

13.

PART IV

ASSIGNMENTS AND COMPULSORY LICENCES

19. (1) An application for the registration of the title of any person becoming entitled by assignment, transmission or operation of law to a registered design or to a share in a registered design, or becoming entitled as mortgagee, licensee or otherwise to any interest in a registered design, shall be made-

(a)

in the case of an application under subsection (1) of section twenty-two by the person becoming so entitled in Form No. 14; and

(b)

in the case of an application under subsection (2) of section twenty-two by the assignor, mortgagor, licensor or other party conferring the interest in Form No. 15.

(2)

Application may be made in Form No. 16 for entry in the register of notification of any other document purporting to affect the proprietorship of a registered design.

20. (1) A copy of any document which is referred to in an application under regulation 19, duly certified to the satisfaction of the Registrar, shall be produced to the Registrar with the application.

(2) Unless the Registrar otherwise directs, the original of any other document so referred to shall be produced to him with the application, and a certified copy of any such document shall be lodged therewith, and such original document shall be returned to the person who produced it.

Application for registration of title under section 22

Copies of documents

evidence.

24. (1) On completion of the evidence, or at such other time as he may see fit, the Registrar shall appoint a time for the hearing of the case and shall give the parties at least fourteen days' notice of the appointment.

(2) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall decide the matter and notify his decision to the parties.

PART V

REGISTER OF DESIGNS

25. (1) A request by the registered proprietor of a design for the alteration of a name, nationality, address or address for service entered in the register in respect of his design shall be made in Form No. 19 or No. 20, as the case may be.

(2)

Before acting on a request to alter a name or nationality, the Registrar may require such proof of the alteration as he may think fit.

(3)

If the Registrar is satisfied that the request may be allowed, he shall cause the register to be altered accordingly.

1. Where an applicant for registration or the registered proprietor of a design desires, under the provisions of section twenty-three, to correct an error, he shall make the application in Form No. 21.
2. (1) Where the registered proprietor of a design desires to cancel his registration under subsection (1) of section twenty-five, he shall make application in Form No. 22.

(2) An application for the cancellation of the registration of a design under subsection (2) of section twenty-five shall be made in Form No. 23, and shall be accompanied by a copy thereof and a statement in duplicate setting out fully the nature of the applicant's interest and the Hearing

Alteration of entries in register

Correction of errors

Cancellation of registration facts on which he relies. A copy of the application shall be sent by the Registrar to the registered proprietor and thereupon the provisions of regulations 23 and 24 shall apply.

1. In the event of an application for the grant of a compulsory licence or for the cancellation of the registration of a design being uncontested by the proprietor, the Registrar, in deciding whether costs should be awarded to the applicant, shall consider whether proceedings might have been avoided if reasonable notice had been given by the applicant to the registered proprietor before the application was lodged.
2. (1) Where any person desires to obtain the information which he is entitled to obtain under section twenty-eight and can furnish the registration number of the design, he shall apply in Form No. 24 and the Registrar shall thereafter furnish him with the information aforesaid.

(2)

Where the applicant is unable to furnish the registration number of a design, he shall apply in Form No. 25 and furnish in duplicate to the Registrar a representation or specimen of the design applied to an article and the Registrar shall thereupon make such search among designs applied to such articles as may be possible, and shall furnish such information as can properly be given.

(3)

The Registrar shall, upon application for the purpose made in Form No. 26, accompanied in duplicate by a representation or specimen of a design applied to an article, cause a search to be made among registered designs and state whether the design as applied to that article appears to be identical with, or closely to resemble, any registered design applied to such article of which the copyright is still existing.

30. Copies of any entry in the register, or copies of, or extracts from, designs, representations, specimens and other public documents in the Office, or of or from registers and other records kept there, certified by the Registrar, may be furnished by the Registrar upon receipt of a request therefor in Form No. 27 from any person who, if the Registrar thinks fit so to require, can show an interest in the entry, matter or thing to his satisfaction. The Registrar shall not be obliged to include in the certificate a copy of any representation or specimen, unless he is furnished by the applicant with a copy thereof suitable for the purpose.

Costs

Searches

Certified copies of entries, etc.

(2)

Any such applicant, person making request or giving notice, or proprietor may appoint an agent to act for him in any proceedings or matter before or affecting the Registrar under the Act and these Regulations by signing and sending to the Registrar an authority to that effect in Form No. 30 or in such other written form as the Registrar may deem sufficient. In case of such appointment, service upon the agent of any document relating to the proceedings or matter shall be deemed to be service upon the person so appointing him, all communications directed to be made to such person in respect of the proceedings or matter may be addressed to such agent, and all attendances upon the Registrar relating thereto may be made by or through such agent. In any particular case the Registrar may require the personal signature or presence of an applicant, opponent, proprietor or other person.

(3)

The Registrar shall not be bound to recognise as such agent any person-

(a)

who has been proved to him to have been guilty of conduct discreditable to an agent; or

(b)

who has been convicted of a criminal offence and sentenced to imprisonment without the option of a fine; or

(c)

who has been suspended from practice as a legal practitioner or whose name has been struck off the roll of legal practitioners; or

(d)

who has been adjudged guilty of conduct discreditable to a patent agent; or

(e)

who has been suspended from practice as a patent agent, or whose name has been erased from the register of patent agents kept under the provisions of the Patents Act, and not subsequently restored.

41. (1) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and may be signed by a partner or by any other person who satisfies the Registrar that he is authorised to sign the document.

(2) A document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the secretary or other

Cap. 400

Signature of documents

principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document.

1. Any document lodged in any proceedings before the Registrar may, if the Registrar thinks fit, be amended, and any irregularity in procedure may be rectified on such terms as he may direct.
2. (1) Where, under these Regulations, any person is required to do any act or thing, or any document or evidence is required to be produced or lodged, the Registrar may, upon the production of such evidence and subject to such terms and conditions as he may think fit, modify or dispense with the doing of the act or thing or the production or lodging of the document or evidence if he is satisfied that it is reasonable so to do.

(2) The Registrar may allow an application for a design, although not in accordance with these Regulations, to be left on such terms and conditions as he may think fit. In any such case the Registrar shall require the applicant to comply with these Regulations within the time specified by him. Until the prescribed requirements are complied with, no further action shall be taken by the Registrar in respect of the application.

44. (1) If in any particular case the Registrar is satisfied that the circumstances are such as to justify an extension of the time for doing any act or taking any proceedings under these Regulations, not being a time expressly provided in the Act or prescribed by regulation 11 (2), he may extend the time upon such notice to other parties, and proceedings thereon, and upon such terms as he may direct, and the extension may be granted though the time has expired for doing the act or taking the proceeding.

(2) At any stage of any proceedings before the Registrar, he may direct that such documents, information or evidence as he may require shall be lodged, and may fix the period for the lodging thereof.

45. Whenever the last day fixed by these Regulations for doing any act or thing at the Office shall fall on a day when the Office is not open, such day shall be an excluded day for the purpose of these Regulations, and it shall be lawful to do the act or thing on the first day following such Amendment of documents

Power of Registrar to waive requirements

Extension of time

Excluded days excluded day which is not an excluded day.

1. The Office shall be open to the public and the register shall be open to inspection on payment of the fee specified in the First Schedule every weekday, except Saturday, between the hours of nine and one, and two and half-past three; except on public holidays.
2. A copy of every application made to the High Court under the Act shall be served on the Registrar.
3. (1) Where an order relating to a design has been made by High Court or Supreme Court the person in whose favour such order has been made shall forthwith file at the Office a certified copy of such order together with an application in Form No. 31.

(2) The specimen or representation of a design shall thereupon be amended or the register rectified or the purport of such order shall otherwise be duly entered in the register, as the case may be.

49. Whenever an order is made by the High Court or by the Supreme Court under the Act, the Registrar may, if he thinks fit that the order should be made public, require the applicant or the the order should be made public, require the applicant or the appellant, as the case may be, to publish it in the Patent Journal.

(As amended by F.G.N. No. 58 of 1960)

Days and hours of business

Copy of application to High Court to be served on Registrar

Order of The Supreme Court to the High Court

Publication of order of Court or Tribunal