Document ID: chunk:federal_register_of_legislation:F2024C00939:front:0:p6
Version: federal_register_of_legislation:F2024C00939
Segment Type: other
Provision Reference: 
Character Range: 13639–16369

accompanied by a verified translation.
 (4) For paragraph 27(1)(b) of the Act, if subregulation (2) does not apply to the design, the prescribed date is the filing date of the design application.
 (5) If 2 or more basic applications have been made in 1 or more Convention countries, a reference to the basic application in subregulation (2) is taken to be a reference to the earlier or earliest of those applications.
Note: Certain applications are to be disregarded for the purpose of this regulation—see regulation 3.07.
 (6) For subregulation (1), an application for protection in respect of a design is made in a Convention country:
 (a) if:
 (i) an application for protection in respect of the design has been made under the Hague Agreement Concerning the International Deposit of Industrial Designs, done at The Hague on 6 November 1925; and
 (ii) the application sought protection in the Convention country; or
 (b) if:
 (i) an application for protection in respect of the design has been made under the Benelux Designs Convention, done at Brussels on 25 October 1966 (the Benelux Convention); and
 (ii) the Convention country is a State (however described) that has consented to be bound by the Benelux Convention and for which the Benelux Convention is in force; or
 (c) if:
 (i) an application for protection in respect of the design has been made under the terms of the Treaty Establishing the European Community, done at Rome on 25 March 1957; and
 (ii) the Convention country is a State (however described) that has consented to be bound by the Treaty and for which the Treaty is in force.
Note: For the priority date of a converted application, see section 160 of the Act.

3.07  Certain basic applications to be disregarded
 (1) This regulation applies if:
 (a) an application for protection in respect of a design has been made in a Convention country in accordance with these Regulations; and
 (b) the application has been withdrawn, abandoned or refused without becoming open to public inspection; and
 (c) the application has not been used as the basis for claiming a right of priority in a Convention country under the law of that country corresponding to regulation 3.06; and
 (d) a later application for protection in respect of the design has been made by the same applicant in the Convention country in which the earlier application was made.
 (2) The applicant may request the Registrar to disregard the earlier application for the purpose of identifying the basic application referred to in subregulation 3.06(2).
 (3) If the applicant makes a request under subregulation (2):
 (a) the Registrar must disregard the earlier application for that purpose; and
 (b) neither the applicant nor any other person