The Industrial Property Act, 2001
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of the article embodying the industrial design or a specimen thereof.
(7) Section 37 and 41(2) and (3) shall apply mutatis mutandis in respect of
priority dates and filing of corrections to the application.
(8)The Managing Director shall, if satisfied that an application meets the
requirements of this section and of section 84 and 86, register the industrial
design and issue a certificate of registration to the applicant.
(9) Subject to subsection (7) the date of the registration shall be that of the
application.
Duration and
renewal of
registration of an
industrial design.
88. (1) Subject to subsection (2), the duration of the registration of an
industrial design shall expire at the end of the fifth year following the date of
filing of the application for registration.
(2) The registration of a design may be renewed for two further consecutive
periods of five years upon payment of a prescribed fee.
(3) The fees for the renewal of registration of an industrial design shall be
paid within twelve months preceding expiration of the period of registration
but a grace period of six months shall be allowed for the late payment of the
renewal fees on payment of the surcharge, as may be prescribed in the
regulations.
Restoration of
registration of
industrial design.
89. (1) Where the protection granted to an industrial design has not been
renewed due to circumstances beyond the control of the owner of the design,
the latter or any other persons entitled may apply for its restoration on the
payment of the prescribed renewal fees, as well as of the surcharge, within a
period of one year from the date upon which the renewal fees was due.
(2) An application for restoration of registration of an industrial design,
together with documents proving payment of the fees and surcharge
mentioned in subsection (1), shall be sent to the Managing Director and shall
contain a statement of the grounds on which the owner or the persons
entitled consider the restoration justified.
(3) The Managing Director shall examine the reasons referred to above and
shall either restore the design or reject the application if he does not consider
the grounds valid.
(4) Restoration shall not entail prolongation of maximum duration of the
industrial design.
(5) Restored designs shall be published by Managing Director in the
prescribed form.
Graphic
representations
specimens, etc.
90. (1) The application, including any drawings, photographs or other
graphic representations and any specimen of the registered industrial design
shall be kept by the Institute and after publication of the registration they
shall be communicated upon request made in the prescribed manner.