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Section 21

Examination

of Industrial Designs Act 1996

ActIn forceProvision 22 of 51
Section 21
(1)

Where an application for the registration of an industrial design has been accorded a filing date and the application is not withdrawn, the Registrar shall cause the application to be examined to determine whether it complies with the formal requirements.

(2)

Where, as a result of the examination, it is determined that the application does not meet the formal requirements the Registrar shall notify the applicant and give him an opportunity to make observations on such finding and to amend the application within a specified period so as to comply with those requirements.

(3)

If, within the specified period, the applicant fails to satisfy the

Registrar that the formal requirements have been complied with, or to amend the application so as to comply with them, the Registrar may refuse to register the industrial design.

(4)

The Registrar shall not refuse to register an industrial design under subsection (3) until the applicant has been given an opportunity to be heard.

(5)

In this section, “formal requirements” means the requirements of this Act and of any regulations made under this Act which are designated by such regulations as formal requirements for the purposes of this Act.