Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p6
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 12299–15026

been registered on an application, the Registrar is satisfied that the applicant had died or, in the case of a body corporate, had ceased to exist, before the design was registered, the Registrar may amend the relevant entry in the register by substituting for the name of the applicant the name of the person who ought to have been registered as the owner of the design.
"(3) Where the Registrar has amended an entry in the register under sub-section (2), the registration has effect, and shall be deemed always to have had effect, accordingly.

Amendment of application, &c.
"22b. (1) The Registrar may, on request made to him in the prescribed manner, amend an application for registration of a design lodged under this Act.

"(2) An appeal lies to a prescribed court from a refusal by the Registrar to amend an application under sub-section (1).
"(3) In this section—
      'amend', in relation to a representation of an article to which a design is applied, includes the substitution of one representation for another representation;
      'application for registration of a design' includes the representations of the article to which the design concerned is applied and any statement of monopoly or statement of novelty in respect of the design.

Division of application after amendment
"22c. (1) Where—
      (a) an amendment of an application for registration of a design has been made under section 22b; and
      (b) the amendment has the effect of excluding a design or designs from the application,
the applicant may, at any time before the registration, or the refusal of the registration, on that application, of a design, make a further application (in this section referred to as a 'divisional application') for registration of the design, or each design, so excluded.
"(2) For the purposes of this Act, a divisional application for registration of a design shall be deemed to have been lodged under this Act on the date on which the original application for registration of the design was so lodged and the priority date in respect of such a divisional application is the priority date in respect of the original application.".

Registrar may register design
12. Section 23 of the Principal Act is amended—
      (a) by omitting "applicant is the owner thereof" and substituting "applicant is, or the applicants are, entitled to make the application"; and
      (b) by adding at the end thereof the following sub-sections:
"(2) For the purpose of deciding whether the design is new or original, the Registrar may cause such searches to be made as he thinks fit.
"(3) The registration of a design shall be a registration in respect of the article specified in the application.".

13. Sections 24, 24a and 25 of