Long Title

Part I PRELIMINARY

Part II REGISTRATION OF DESIGNS

Division 1 — Ownership of Designs

Division 2 — Registrable Designs

Division 3 — Proceedings for Registration

Division 4 — Duration of Registration

Division 5 — Proceedings for Determination of Rights in Registered Designs

Division 6 — Surrender and Revocation of Registration

Division 7 — Miscellaneous

Part III RIGHTS IN REGISTERED DESIGNS

Division 1 — Rights of Registered Owner of Registered Design

Division 2 — Registered Design as OBJECT OF PROPERTY

Division 3 — Infringement Proceedings

Part IV GOVERNMENT USE OF REGISTERED DESIGNS

Part V ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS

Division 1 — Registrar

Division 2 — Register

Division 3 — Powers of Registrar

Division 4 — Hours of Business of Registry

Part VA THE GENEVA ACT OF THE HAGUE AGREEMENT, ETC

Part VI OFFENCES

Part VII MISCELLANEOUS AND GENERAL PROVISIONS

THE SCHEDULE Transitional Provisions

Legislative Source Key

Legislative History

Comparative Table

Claim to priority of Convention application
12.
—(1)  Subject to subsection (7), where —
(a)
a person has filed an application for the registration of a design in a Convention country in respect of certain articles;
(b)
that application is the first application for the registration of the design to be filed in any Convention country in respect of those articles (referred to in this section as the first Convention application); and
(c)
within 6 months after the date on which the first Convention application is filed, that person or his successor in title applies under this Act for the registration of the design in respect of all or any of those articles,
that person or his successor in title may, when filing the application under this Act, claim a right of priority for the registration of the design in respect of all or any of the articles for which registration was sought in the first Convention application.
[44/2004]
(2)  Where any person claims a right of priority in accordance with subsection (1) in respect of an application for the registration of a design —
(a)
the person shall have priority from (and including) the date on which the first Convention application was filed; and
(b)
the application shall be treated, for the purposes of determining whether that or any other design is new, as filed on the date on which the first Convention application was filed.
[44/2004]
(3)  Subsection (2) shall not be construed as excluding the power to give directions under section 5(3) in relation to the application for the registration of a design.
[44/2004]
(4)  Notwithstanding any of the provisions of this Act, where a right of priority is claimed in respect of an application for the registration of a design, the application shall not be refused, and the registration of the design under this Act shall not be revoked, by reason only of the fact that the first Convention application has been published during the period between —
(a)
the date the first Convention application was filed; and
(b)
the date the application under this Act was filed.
[44/2004]
(5)  Any filing of an application for the registration of a design which in a Convention country is equivalent to a regular national filing, under its domestic legislation or an international agreement, shall be treated as giving rise to the right of priority.
[44/2004]
(6)  In subsection (5), “regular national filing” means a filing which is adequate to establish the date on which the application was filed in the Convention country, whatever may be the outcome of the application.
[44/2004]
(7)  Where a subsequent application for registration of a design concerning the same subject as an earlier application is filed, whether in the same or a different Convention country, and these are the first 2 applications concerning that subject to be filed in any Convention country, the subsequent application shall be considered the first Convention application if, at the date the subsequent application is filed —
(a)
the earlier application has been withdrawn, abandoned or refused, without having been laid open to public inspection and without leaving any rights outstanding; and
(b)
the earlier application has not yet served as a basis for claiming a right of priority.
[44/2004]
(8)  For the avoidance of doubt, where subsection (7) applies —
(a)
the date on which the subsequent application was filed, rather than that of the earlier application, shall be considered the starting date of the period of priority under subsection (2); and
(b)
the earlier application may not thereafter serve as a basis for claiming a right of priority.
[44/2004]
(9)  The Minister may make rules as to the manner of claiming priority under this section.
[44/2004]
(10)  A right to priority arising under this section may be assigned or otherwise transmitted, either with the application or independently, and the reference in subsection (1) to the applicant’s “successor in title” shall be construed accordingly.
[Trade Marks 1999 Ed., s. 10]
[44/2004]