registered design; or
(b)
for registration in respect of the same or one or more other
articles, of a design consisting of the registered design with
modifications or variations not sufficient to alter the character or
substantially to affect the identity thereof;
the application shall not be refused and the registration made on that
application shall not be invalidated by reason only of the previous
registration or publication of the registered design:
Provided that the period of copyright in a design registered by virtue of
this section shall not extend beyond the expiration of the original and
any extended period of copyright in the original registered design.
(2) Where any person makes an application for the registration of a
design in respect of any article and either(a)
that design has been previously registered by another person in
respect of some other article; or
(b)
the design to which the application relates consists of a design
previously registered by another person in respect of the same or some
other article with modifications or variations not sufficient to alter the
character or substantially to affect the identity thereof;
then, if at any time while the application is pending the applicant
becomes the registered proprietor of the design previously registered,
the provisions of subsection (1) shall apply as if at the time of making
the application the applicant had been the registered proprietor of that
design.
11. (1) In this section, "competent authority" means the President or the Provisions for
Minister or Junior Minister, if any, to whom the President may assign
secrecy of
special responsibilities for defence matters.
certain designs
(2) Where an application for the registration of a design has been made,
and it appears to the Registrar that the design is one of a class notified to
him by the competent authority as relevant for defence purposes, he may
give directions for prohibiting or restricting the publication of
information with respect to the design, or the communication of such
information to any person or class of persons specified in the directions.