Industrial Designs Act, 2001

Restoration of design right.

44.—(1) Where the design right has expired by reason of a failure to extend, in accordance with subsection (2) or subsection (4) of section 43 , the period for which the right subsists, an application for the restoration of the right may be made in the prescribed manner to the Controller within the prescribed period.

(2) The application under subsection (1) may be made by the person who was the registered proprietor of the design or by any other person who would have been entitled to the design right if it had not expired and where the design right was held by two or more persons jointly, the application may, with the leave of the Controller, be made by one or more of them without joining the others.

(3) Where the Controller is satisfied that the proprietor took reasonable care to see that the period for which the design right subsisted was extended in accordance with subsection (2) or subsection (4) of section 43 , the Controller shall, on payment of any unpaid renewal fee and any prescribed additional fee, order the restoration of the design right.

(4) An order made under subsection (3) may be made subject to such conditions as the Controller thinks fit, and if the proprietor of the design does not comply with any condition the Controller may revoke the order and give such consequential directions as he or she thinks fit.

(5) Notice of the restoration of a design right shall be published by the Controller in the prescribed manner.

(6) The Minister may prescribe that the period prescribed for the purposes of subsection (1) may be altered, subject to any transitional provisions and savings as appear to the Minister to be necessary or expedient.