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Industrial Designs Act, 2001

FIRST SCHEDULE

Section 4 .

Transitional Provisions

1. A design that stands registered on the day on which this Act comes into operation shall continue to be registered under the Industrial and Commercial Property (Protection) Acts, 1927 to 1958, and those Acts shall apply notwithstanding the coming into operation of this Act.

2. For the purposes of this Schedule, an application for the registration of a design under the Industrial and Commercial Property (Protection) Acts, 1927 to 1958, received by the Controller before the day on which the provisions of this Act relating to registration proceedings come into operation in respect of which a registration has not been effected (other than an application which has been abandoned or refused) shall, notwithstanding the coming into operation of this Act, be treated in accordance with the Industrial and Commercial Property (Protection) Acts, 1927 to 1958, and the provisions of those Acts shall also apply to that design, if registered.

3. Notwithstanding paragraph 2, an application for the registration of a design under the Industrial and Commercial Property (Protection) Acts, 1927 to 1958, received by the Controller before the day on which the provisions of this Act relating to registration proceedings come into operation in respect of which a registration has not been effected (other than an application which has been abandoned or refused) may be registered under this Act where the applicant gives notice to the Controller requesting that the registration of the design be determined in accordance with this Act and otherwise satisfies the Controller that the application is a valid application for the purposes of this Act.

4. Notice given under paragraph 3 shall be in the prescribed form, shall be accompanied by the prescribed fee and shall not be valid unless it is received by the Controller within 6 months of the coming into operation of this Act and before the Controller registers the design under the Industrial and Commercial Property (Protection) Acts, 1927 to 1958.

5. Notice given under paragraph 3 shall be irrevocable.

6. Where copyright did not subsist in a design by virtue of section 172 of the Industrial and Commercial Property (Protection) Act, 1927 , before the commencement of this Act, then copyright shall not subsist in that design on or after such commencement.