Industrial Designs Act, 2001

Inspection of designs register.

38.—(1) Subject to subsection (3), the public shall have a right to inspect the Register at such times and in such manner as may be prescribed by the Minister.

(2) Where a request is made to the Controller for a certified or uncertified copy of, or extract from, an entry in the Register, other than an entry that is not open to public inspection by virtue of subsection (3), the Controller shall issue a copy of the entry or extract to the person making the request on payment of the prescribed fee.

(3) Where deferment of publication is requested under section 32 , the Register shall not be open to public inspection, in relation to that design, until the expiry of that period of deferment.

(4) In relation to any portion of the Register kept otherwise than in documentary form—

(a) the right of inspection conferred by subsection (1) is a right to inspect the material on the Register, and

(b) the right to a copy or extract conferred by subsection (2) is a right to a copy or extract in a form in which it can be taken away and in which it is visible and legible.

(5) Each of the following—

(a) a copy of an entry in the Register or an extract from the Register which is supplied under subsection (2), or

(b) a copy of any representation or document kept in the Patents Office or an extract from any such document,

which purports to be a certified copy or certified extract shall be admitted in evidence in civil or criminal proceedings without further proof and without production of an original.

(6) In this section, “certified copy” and “certified extract” means a copy and an extract certified by the Controller and sealed with the seal of the Controller.