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Designs Act, 1993 (Act No. 195 of 1993)

Regulations

Designs Regulations, 1999

35. Restoration

 

 

(1) An application under section 23 of the Act for the restoration of a design registration which has lapsed through non-payment of renewal fees shall be made on Form D18 and shall be accompanied by an affidavit setting out the circumstances under which the design registration lapsed and the grounds on which restoration is requested.

 

(2) If the registrar is satisfied that a prima facie case has been made out, he shall advertise the application once in the journal.

 

(3) At any time within two months of the date of the advertisement of the application any person (hereinafter referred to as 'the objector') may oppose the restoration of the design registration, in accordance with the procedure set out in regulation 36.

 

(4) If no opposition is entered, or if the registrar at the conclusion of the hearing is satisfied that restoration is appropriate, he shall issue an order that the registration be restored, and the registrar shall, subject to compliance with section 23 (5) of the Act, cause an entry to be made in the register to that effect.

 


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