Designs Act, 1993 (Act No. 195 of 1993)

45. Extension of time for applications in certain cases
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(1)If the Minister is satisfied that provision substantially equivalent to the provision to be made by or under this section has been made or will be made under the law of any convention country, he may, by notice in the Gazette, make regulations empowering the registrar to extend the time for making application under section 44 (1) for registration of a design in respect of which protection has been applied for in that country in any case where the period specified in the first proviso to that subsection expires during a prescribed period.

 

(2)Regulations made under this section may—
(a)where any agreement or arrangement has been made between the government of the Republic and the government of the convention country for the supply or mutual exchange of information or articles, provide, either generally or in any class of case specified in the regulations that an extension of time shall not be granted under this section unless the design has been communicated in accordance with the agreement or arrangement;
(b)either generally or in any class of case specified in the regulations, fix the maximum extension of time which may be granted under this section;
(c)prescribe or allow any special procedure in connection with applications made under this section;
(d)empower the registrar to extend, in relation to an application made under this section, the time limited by or in terms of the foregoing provisions of this Act for performing any act, subject to such conditions, if any, as may be imposed by or in terms of the regulations;
(e)provide for securing that the rights conferred by registration on an application made under this section shall be subject to such restrictions or conditions as may be specified by or in terms of the regulations and in particular to restrictions and conditions for the protection of persons who, otherwise than as the result of a communication made in accordance with such an agreement or arrangement as is mentioned in paragraph (a), and before the date of the application in question or such later date as may be allowed by the regulations, may have imported or made articles to which the design is applied or may have made an application for registration of the design.