Section 26
of Industrial Designs Order, 1999
Section 26
(1)
If on an examination by the Registrar under section 25 an application for registration of an industrial design is found to have satisfied the formal requirements, then as soon as practicable after such examination but subject to section 27, the Registrar shall on payment of the prescribed fee –
(a)
register the industrial design by entering the prescribed particulars in the
Register;
(b)
enter the name of the applicant, or the successor in title to the application, in the Register as the owner of the industrial design;
(c)
issue a certificate of registration to the person who is the registered owner of the industrial design at the time the industrial design is registered; and
(d)
advertise the fact of such registration and publish a representation of the industrial design by notice in the Journal.
(2)
Notwithstanding paragraph (d) of subsection (1), advertisement of the registration and publication of the industrial design shall, upon request by the applicant at the time of filing of the application or at any time before the date on which preparations for publication have been completed, be deferred for a period not exceeding twelve months from the date of filing or, if priority is claimed, from the date of priority of the application.
Incorporating amendments until S 3/2020
(Clean version) Norhasnani/fiqah/Karimah_as of 8th June 2020
20
BLUV as at 13th February 2020
(3)
Where a request has been made under subsection (2) for deferment of publication, upon registration of the industrial design, neither the representation of the design nor any file relating to the application shall be open to public inspection. In this case, the
Registrar shall publish a mention of the deferment and information identifying the registered owner, indicating the filing date of the application, the length of the period for which deferment has been requested and any other prescribed particulars.
(4)
At the expiry of the period of deferment, the Registrar shall publish the registered industrial design.
(5)
The institution of legal proceedings on the basis of a registered industrial design during the period of deferment of publication shall be subject to the condition that the information contained in the Register and in the file relating to the application has been communicated to the person against whom the action is brought.
Refusal of applications.