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Contents

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

 
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PART VII
MISCELLANEOUS AND GENERAL PROVISIONS
Recognition of agents
69.  Except as otherwise provided by rules made under this Act, any act required or authorised by this Act to be done by or to any person in connection with the registration of a design, or any procedure relating to a registered design or the registration of a design, may be done by or to an agent authorised by that person orally or in writing.
[Trade Marks 1999 Ed., s. 80]
General powers of Court
70.  The Court, for the purpose of determining any question in the exercise of its original or appellate jurisdiction under this Act, may make any order or exercise any other power which the Registrar could have made or exercised for the purpose of determining that question.
[HK Designs, s. 60]
Costs in proceedings before Court
71.  In all proceedings before the Court under this Act, the Court may award to any party (including the Registrar) such costs as it may consider reasonable, but the Registrar shall not be ordered to pay the costs of any other of the parties.
[Trade Marks 1999 Ed., s. 104]
Certificate of Registrar
72.  A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing which he is authorised to make or do under this Act shall be prima facie evidence of the entry having been made, and of contents thereof, and of the matter or thing having been done or not done.
[Trade Marks 1999 Ed., s. 103]
Fees
73.
—(1)  There shall be paid in respect of applications, registrations and other matters under this Act such fees as may be prescribed.
(2)  All fees collected shall be paid into the funds of the Office.
(3)  Subsection (2) shall not apply to fees prescribed in rules made under section 64A(2)(e) which are to be forwarded to the International Bureau.
General power to make rules
74.
—(1)  The Minister may, after consulting with the Office, make rules —
(a)
for any purpose for which rules are required or authorised to be made under this Act;
(b)
for prescribing matters authorised or required by this Act to be prescribed;
(c)
for prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act; and
(d)
generally for regulating the practice and procedure of any proceedings or other matter before the Registrar.
[3/2001]
(2)  Without prejudice to the generality of subsection (1), rules made under this section may make provision —
(a)
prescribing the manner of filing of applications or other documents;
(b)
requiring persons to make such statutory declarations as may be prescribed in support of any application, notice or request;
(c)
requiring and regulating the translation of documents and the filing and authentication of any translation;
(d)
relating to the service of documents;
(e)
authorising the rectification of irregularities of procedure;
(f)
prescribing the forms to be used for any purpose relating to the registration of a design or any other proceedings or matters before the Registrar;
(g)
requiring fees to be paid in connection with any proceedings or matters before the Registrar or in connection with the provision of any services by the Registry and prescribing those fees;
(h)
empowering the Registrar, in such cases as may be prescribed, to require a party to any proceedings before the Registrar to give security for costs, in relation to those proceedings or to proceedings on appeal, and providing for the consequences if security is not given;
(i)
regulating the mode of giving evidence in any proceedings before the Registrar and empowering the Registrar to compel the attendance of witnesses and the discovery and production of documents;
(j)
prescribing time limits for doing anything required to be done in connection with any proceedings or matters under this Act;
(k)
providing for the extension of any time limit so prescribed or specified by the Registrar, whether or not it has already expired;
(l)
providing for the publication of the practice directions issued by the Registrar;
(m)
providing for the publication of the forms to be used for any purpose relating to the registration of a design or any other proceedings or matters before the Registrar; and
(n)
providing for the publication and sale of documents by the Registry and of information about such documents.
[44/2004]
(3)  Rules made under this section may make different provisions for different cases.
Rules relating to application for registration
75.
—(1)  Without prejudice to the generality of section 74, the Minister may, for the purposes of section 11, make rules providing that an application for registration of a design shall or may contain —
(a)
a statement describing the representation of the design;
(b)
a statement describing the features of the design which the applicant considers to be new;
(c)
the classification of the articles to which the design is intended to be applied, according to any class or sub-class specified by the rules; and
(d)
a sample of the article to which the design reproduced in the representation is to be applied.
(2)  Rules made under this section may provide for the manner in which the following are to be claimed in connection with an application for registration:
(a)
any claim that section 8, 9 or 10 applies in relation to the application;
(b)
any claim to a right of priority under section 12 or 13.
Savings
76.  A reference in any law or document to the repealed United Kingdom Designs (Protection) Act (Cap. 339, 1985 Ed.) shall, unless the context otherwise requires, be construed as a reference to this Act.
Transitional provisions
77.
—(1)  The provisions of the Schedule have effect with respect to transitional matters notwithstanding the provisions of this Act.
(2)  The Minister may, by order published in the Gazette, amend the provisions of the Schedule.
(3)  The Minister may by rules make such transitional provisions in relation to the Copyright Act (Cap. 63) as he may consider necessary or expedient.