Section 26
Restoration of lapsed registration
of Industrial Designs Act 1996
Within one year from the date on which the notice of lapse of the registration of an industrial design was published in the
Gazette, the owner or his successor-in-title may apply for the restoration of the registration of the industrial design by—
(a)
filing a request for restoration in the prescribed form;
(b)
payment of any outstanding extension fee and a prescribed surcharge for restoration; and
(c)
filing a statement setting out the circumstances that led to the failure to extend the registration of the industrial design.
22 Laws of Malaysia ACT 552
(2)
Where the Registrar is satisfied that the failure to extend the registration was due to an accident or mistake, he may publish in the
Gazette a notice of intention to restore the lapsed registration.
(3)
Any interested person may, within three months from the date of such publication, give notice to the Registrar of opposition to the restoration of the registration and shall serve a copy of the notice on the applicant for restoration.
(4)
Where no notice of opposition is given in accordance with subsection (3) within the period of three months following the date of the publication referred to in subsection (2), the Registrar shall restore the registration of the industrial design, which shall have effect as if that registration had not lapsed, and he shall publish a notice in the
Gazette that the registration has been so restored.
(5)
Where a notice of opposition is given in accordance with subsection (3), the Registrar shall, after giving the opponent and the applicant for restoration an opportunity to be heard, decide the matter, and where he decides to restore the registration, the registration shall have effect as if it had not lapsed, and he shall publish a notice in the
Gazette that the registration has been so restored.
(6)
Actions or proceedings shall not be taken in respect of an infringement of the registered industrial design committed between the date on which the registration of the industrial design ceased to be in force and the date of the publication in the Gazette of the restoration of the industrial design.
(7)
Any person aggrieved by the Registrar’s decision on the grant or refusal of restoration under this section may appeal to the Court.