Industrial Designs Act 1996 · Updated to 1 Jan 2013 · Part VIII · Other Powers of the Registrar
40. Amendment of registered industrial design
Feedback & supportThe owner of a registered industrial design may, in accordance with regulations prescribed by the Minister, request the
owner
“owner” means the person who is registered as the owner of the registered industrial design or, if there are two or more such persons, each of those persons;
Registrar to amend a registered industrial design or any document associated therewith for the purpose of correcting a clerical error, obvious mistake or for any other reason acceptable to the Registrar.
Registrar
“Registrar” means the Registrar of Industrial Designs as designated in subsection 4(1);
The request for amendment shall be accompanied by the prescribed fee.
prescribed
“prescribed” means prescribed by or under this Act or any regulations made under this Act, and where no mode is mentioned, means prescribed from time to time by order published in the Gazette;
Except for the purpose of correcting a clerical error or an obvious mistake, no amendment shall be permitted under this section if the amendment would have the effect of disclosing matters which extend beyond that disclosed before the amendment, or extending the
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protection conferred at the time of registration of the industrial design in question.
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;
No amendment shall be allowed to be made in the registration of an industrial design under this section where there are pending before the court proceedings in which the validity of the registration of the industrial design may be put in issue.
Where the Register has been amended under this section, the
Register
“Register” means the Register of Industrial Designs kept under this Act;
Registrar may require the certificate of registration to be submitted to him and may cancel the certificate of registration and issue a new certificate of registration with such consequential amendments as are rendered necessary by the amendment of the Register.