Document ID: chunk:federal_register_of_legislation:C2004A02553:body:0:p13
Version: federal_register_of_legislation:C2004A02553
Segment Type: other
Provision Reference: 
Character Range: 31740–34409

as the case may be, or within such period after that expiration as is prescribed; and
            (b) shall be made in the manner prescribed for the purposes of sub-section (12) or (13), as the case may be.";
      (c) by omitting sub-sections (1) and (2) of the new section 27b that is proposed to be inserted in the Designs Act 1906 and substituting the following sub-sections:

     "(1) Where—
          (a) the registration of a design has ceased to be in force on the expiration of the period of registration or on the expiration of the period of registration as extended under sub-section 27a (8) or (12); and
          (b) no application for an extension of the period of registration or of the period of registration as so extended, as the case may be, has been made to the Registrar in accordance with sub-section 27a (3) or (14), as the case may be,
      then—
          (c) the owner of the design;
          (d) if the owner of the design has died—the legal personal representative of the owner of the design; or
          (e) a person who would, if the registration of the design had not ceased to be in force, have been entitled, by assignment, transmission or other operation of law, to the design,
      may, for the purpose of permitting the extension of the period of registration or of the period of registration as so extended, as the case may be, make application to the Registrar for the restoration of the registration of the design.
     "(2) An application under sub-section (1) shall contain a statement of the circumstances that led to no application for extension being made in accordance with sub-section 27a (3) or (14), as the case may be, and the Registrar shall, if he is satisfied that the failure to make such an application was unintentional and that no undue delay has occurred in the making of the application under sub-section (1), advertise the application under sub-section (1) in the Official Journal but, if he is not so satisfied, shall dismiss the application under sub-section (1).";
      (d) by omitting from paragraph (2) (a) of the new section 27c that is proposed to be inserted in the Designs Act 1906 "sub-section 27a (12)" and substituting "sub-section 27a (2), (12)"; and
      (e) by omitting from sub-section (3) of that new section "the fact that a period has been prescribed, under sub-section 27a (14), for the making of that application" and substituting "the requirement as to the time of making the application set out in sub-section 27a (3) or (14), as the case may be,".

Amendment of section 22
42. Section 22 of the Principal Act is amended by inserting the following section after the new section 38