Designs Act, 1993 (Act No. 195 of 1993)RegulationsDesigns Regulations, 199917. Applications in terms of section 44 of the Act |
| (1) | Where an application for registration of a design is made pursuant to an application in a convention country in terms of section 44 of the Act (hereinafter referred to as a 'convention application'), the Form D1 lodged in support of the convention application shall state the name of the convention country, the official date of the application in the convention country and the official filing number allocated to such application. |
| (2) | In addition to the documents required under regulation 12(1), the applicant in a convention application shall furnish the registrar with a certificate by the registering authority of the convention country verifying, to the satisfaction of the registrar, the application made in the convention country. If the certificate is in a language other than an official language of the Republic, it shall be accompanied by a translation into one of the official languages, which translation shall be verified to the satisfaction of the registrar. |
| (3) | The certificate referred to in subregulation (2) shall be lodged within six months of the lodging of the convention application or within such further period as the registrar may on request allow. |
| (4) | A convention application, if not made by the applicant in the convention country, shall contain also an assignment or other proof, to the satisfaction of the registrar, of the applicant's right to file the convention application. |
| (5) | If after an application for registration of a design has been lodged, the applicant desires to insert a claim to a priority right or to a further priority right by inserting on the Form D1 the appropriate information as provided for in subregulation (1), a request on Form D4 shall be lodged with payment of the prescribed fee within two months from the date on which the application for registration was lodged. |
| (6) | Where a certificate referred to in subregulation (2) has been lodged by an applicant in support of a convention application, and a certificate of the same application in a convention country is required to be lodged by the same applicant in support of another convention application, the registrar shall accept in lieu of such a certificate for the other convention application a request on Form D4 that the first-mentioned certificate lodged in support of the first-mentioned convention application is to be recognised also for the other convention application. |