Request for registration
35 Request for registration
Actual requests for registration
An applicant may request registration of one or more designs disclosed in a design application.
The request must be:
included in the design application; or
made within the period prescribed by the regulations.
The request must be in accordance with any requirements prescribed by the regulations.
Deemed requests for registration
If:
one design is disclosed in a design application; and
at the end of the period applicable under paragraph (2)(b):
the applicant has not made a request in relation to the design in accordance with subsections (1) to (3); and
the applicant has not withdrawn the application in accordance with section 32;
then the applicant is taken to have requested that the design be registered.
If:
more than one design is disclosed in a design application; and
for a design (the subject design) disclosed in the application, at the end of the period applicable under paragraph (2)(b) in relation to the subject design:
the applicant has not made a request in relation to the subject design in accordance with subsections (1) to (3); and
the subject design has not been excluded from the application by an amendment under section 28; and
the applicant has not withdrawn the application in accordance with section 32; and
the applicant has not withdrawn the subject design from the application in accordance with section 32;
then the applicant is taken to have requested that the subject design be registered.
Subsection (5) applies separately in relation to each design that is disclosed in the design application.
Relationship with section 36
This section is subject to section 36.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Designs Regulations 2004 · under s 149
This Act’s bill:Explanatory memorandumSecond reading speech
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