Industrial Designs Act 1996 · Updated to 1 Jan 2013 · Part III · Registration of Industrial Design
21. Examination
Feedback & supportWhere an application for the registration of an industrial design has been accorded a filing date and the application is not withdrawn, the Registrar shall cause the application to be examined to determine whether it complies with the formal requirements.
industrial design
“industrial design” means features of shape, configuration, pattern or ornament applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged by the eye, but does not include— (a) a method or principle of construction; or (b) features of shape or configuration of an article which — (i) are dictated solely by the function which the article has to perform; or (ii) are dependent upon the appearance of another article Industrial Designs 9 of which the article is intended by the author of the design to form an integral part;
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.
Registrar
“Registrar” means the Registrar of Industrial Designs as designated in subsection 4(1);
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.
Register
“Register” means the Register of Industrial Designs kept under this Act;
The Registrar shall not refuse to register an industrial design under subsection (3) until the applicant has been given an opportunity to be heard.
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.