Designs Act, 1993 (Act No. 195 of 1993)23. Restoration of lapsed registration |
| (1) | Where, after the commencement of this Act, the registration of a design has lapsed owing to non-payment of any prescribed renewal fee within the prescribed period or the extended period referred to in section 22 (2), the registered proprietor may in the prescribed manner and on payment of the prescribed fee, apply to the registrar for the restoration of such registration. |
[Sub-section (1) substituted by section 75 of Act No. 38 of 1997.]
| (2) | If the registrar is satisfied that the omission to pay the prescribed renewal fee was unintentional and that no undue delay has occurred in the making of the application, he shall advertise the application in the prescribed manner, and thereupon any person (hereinafter in this section referred to as the objector) may within such period as may be prescribed, give notice in the prescribed manner of opposition to the restoration of such registration. |
| (3) | If there is no opposition to such restoration, the registrar may, subject to the provisions of subsection (5), issue an order restoring such registration, or dismiss the application. |
| (4) | If notice of opposition is given, the registrar shall, after hearing the applicant and the objector, decide the matter and issue an order restoring such registration, or dismiss the application. |
| (5) | Any order restoring the registration of a design shall be subject to the payment of such prescribed fee as remains unpaid on the date of the order. |