Section 5: Proceedings for registration

5. Proceedings for registration.___ (1) An application for the registration of a design shall be in the prescribed form and shall be filed at the Patent Office in the prescribed manner. (2) For the purpose of deciding whether a design is new or original, the Registrar may make such inquiries, if any, as he thinks fit. (3) The Registrar may refuse any application for the registration of a design or may register the design, in pursuance of the application subject to such modifications, if any, as he thinks. (4) An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within the prescribed time shall be deemed to be abandoned. (5) Except as otherwise expressly provided in this Ordinance, a design when registered shall be registered as of the date on which the application for registration was made, or such other, date, whether earlier or later than that date, as the Registrar may in any particular case direct: Provided that no proceedings shall be taken in respect of any infringement committed before the date on which the certificate of registration of the design under this Ordinance is issued. (6) An appeal shall lie to the High Court from any decision of the Registrar under sub-section (3).

Effective date: 2000-01-01

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