Industrial Designs Act, 2001

Duration of protection.

43.—(1) Subject to subsection (2), the design right in a design shall expire 5 years after the date of registration.

(2) The period for which the design right subsists may be renewed, for a second, third, fourth and fifth period of 5 years, by applying to the Controller for an extension in the prescribed manner and paying the prescribed renewal fee.

(3) Subject to subsection (4), where a period during which design right subsists expires without an application for renewal and payment of the prescribed fee being made, the design right shall expire, and the Controller shall notify the registered proprietor in the prescribed manner.

(4) Where during the period of 6 months immediately following the end of a period of subsistence of the design right the renewal fee and any prescribed additional fee are paid, the design right shall be deemed not to have expired, and accordingly—

(a) anything undertaken under or in relation to the design right by or with the consent of the registered proprietor during that period shall be treated as valid,

(b) an act which would have constituted an infringement of the design right if it had not expired shall be treated as an infringement, and

(c) an act which would have constituted use for the service of the State under section 86 if the design right had remained in force during the period between expiry and restoration shall be deemed to constitute use for the service of the State.