Section 30: Application

30. Application (1) Any application for the registration of an industrial design shall— (a) be filed with the Controller; (b) contain the necessary drawings, photographs or other adequate graphic representations of the industrial design; (c) contain an indication of the article or articles which constitute the industrial design or in relation to which the industrial design is to be used; (d) be accompanied by a specimen of the article embodying the industrial design where the industrial design is 2-dimensional; and (e) be subject to the payment of an application fee as may be prescribed. (2) Where the applicant is not the creator, the request shall be accompanied by a statement justifying the applicant’s right to registration of the industrial design. (3) The application may contain a declaration claiming priority, as provided for in the Paris Convention, of one or more earlier national or regional applications or international deposits filed by the applicant or his predecessor in title in or for any State party to that Convention or any member of the World Trade Organisation. (4) Where the application contains a declaration referred to in subsection (3), the Controller may require the applicant to furnish, within the prescribed time limit, a copy of the earlier application or international deposit, certified as correct by the office with which it was filed, and the effect of that declaration shall be as provided for in the Paris Convention. [Issue 1] P4 – 19 Patents, Industrial Designs and Trademarks Act (5) Where the Controller finds that the requirements under this section and any regulations made under this Act pertaining to a declaration, are not fulfilled, the declaration shall be considered not to have been made. (6) Two or more industrial designs may be the subject of the same application where they relate to the same class of the International Classification or to the same set or composition of articles. (7) Any application may, at the time of filing, contain a request that the publication of the industrial design, upon registration, be deferred for a period not exceeding 12 months from the date of filing, or where priority is claimed, from the date of priority, of the application. (8) The applicant may, at any time before an industrial design is registered, withdraw the application subject to the payment of a prescribed fee.