Section 31: Registration

31. Registration (1) The Controller shall accord the date of receipt of the application as the filing date provided that, at the time of receipt, the application contains— (a) indications allowing the identity of the applicant to be established; and (b) the required graphic representations of the industrial design. (2) Where the Controller finds that the application did not, at the time of receipt, fulfil the requirements referred to in subsection (1), he shall invite the applicant to file the required correction and shall accord the date of receipt of the required correction as the filing date, and where no correction is made, the application shall be deemed not to have been filed. (3) The Controller shall, after according a filing date, examine whether— (a) the application complies with the requirements of section 30 and any regulations made under this Act; (b) the application fee has been paid; and (c) the industrial design complies with the requirements of sections 27 and 28 and the regulations pertaining thereto. (4) (a) Where the Controller finds that the conditions referred to in subsection (3) have been fulfilled, he shall register the industrial design, publish a reference to the registration and issue to the applicant a certificate of registration of the industrial design upon payment of a registration fee as may be prescribed. (b) Where an application does not satisfy the requirements of subsection (3), the Controller shall reject the application. (5) Notwithstanding subsection (4), where an application contains a request for the deferment of publication under section 30 (7), the Controller shall, upon registration of the industrial design— (a) ensure that neither the representation of the design nor any file relating to the application shall be open to public inspection; and P4 – 20 [Issue 1] Revised Laws of Mauritius (b) publish a mention of the deferment of the publication of the industrial design and information identifying the registered owner, and indicating the filing date of the application, the length of the period for which deferment has been requested and any other prescribed particulars. (6) At the expiry of the period of deferment, the Controller shall publish the registered industrial design. (7) Any legal proceedings commenced during the period of deferment of publication on the basis of a registered industrial design shall give rise to the presumption 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.