Industrial Designs Act, 2001

Adaptation of entries to new classification.

36.—(1) The Minister may make regulations authorising the Controller to do such things as the Controller considers necessary to implement any amended or substituted classification for the purposes of the registration of designs and, without prejudice to the generality of the aforesaid, the Minister may make regulations in respect of the amendment of existing entries on the Register so as to accord with the new classification.

(2) Any power of amendment effected under this section shall not be exercised so as to extend the rights conferred by the registration, except where it appears to the Controller that compliance with this requirement would involve undue complexity and that any extension would not be substantial and would not adversely affect the rights of any person.

(3) Regulations made under this section may empower the Controller—

(a) to require the registered proprietor of a registered design, within such time as may be prescribed, to file a proposal for the amendment of the Register, and

(b) to cancel or refuse to renew the registration of the design in the event of the proprietor failing to do so.

(4) A proposal under subsection (3)(a) shall be advertised and may be opposed, in such manner as may be prescribed.