Protection of Businesses Act, 1978
R 385
Designs Act, 1993 (Act No. 195 of 1993)RegulationsDesigns Regulations, 199912. Application for registration |
| (1) | An application for the registration of a design shall be made on Form D1 and shall be accompanied by the following documents: |
| (a) | Form D1, in duplicate, one copy of which shall be returned to the applicant as proof of document; |
| (b) | Form D2 in duplicate; |
| (c) | Form D3, which shall include a declaration by the applicant that he is the proprietor of the design, and a power of attorney in the case where an agent is appointed; |
| (d) | a representation or representations, in the prescribed form; |
| (e) | a definitive statement on Form D6, in duplicate, as prescribed; and |
| (f) | publication particulars on Form D8, with an attached publication representation, all in duplicate, for purposes of publication. |
| (2) | An application for registration of a design shall be signed by the applicants) or his (their) agent. |
| (3) | Where the applicant has acquired the design and the right to apply from a predecessor in title as envisaged in section 1(1)(xix)(d) of the Act, the registrar may call for an assignment or other proof, to the satisfaction of the registrar, of the right of the applicant to apply. |
| (4) | Having regard to the requirement of sections 14(1) and 16 of the Act that an application is to be filed in the prescribed manner, read with subregulation (1) and regulation 23, an application shall be accorded a lodging date by the registrar provided it is accompanied by— |
| (a) | the prescribed fee; |
| (b) | Form D1 signed either by the applicant or his or her agent; |
| (c) | Form D2 in duplicate; |
| (d) | Form D6 containing the definitive statement; |
| (e) | one copy of the representations, notwithstanding that they are not in the prescribed form; and |
| (f) | information on the Form D1 whether the application is to be filed in Part A or Part F of the register. |
| (5) | The provisions of paragraphs (d) and (e) of subregulation 4 shall be deemed to have been complied with, in the case of an application in terms of section 44 of the Act, by the inclusion in the Form D1 of the country, number and date of the application in a convention country, on the strength of which a priority right is claimed, and the articles to which the design is to be applied, if the Form D6 containing the definitive statement and the representations are lodged within 14 days of the date on which the application was lodged. |
| (6) | The provisions of subregulation (4) (f) shall be deemed to be complied with if the information whether the application is to be filed in Part A or Part F of the register is supplied within 14 days of the date on which the application was lodged. |
