Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p25
Version: federal_register_of_legislation:C2004A02420
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and proceeded with in the same manner as an ordinary application under this Act for the registration of a design.
"(5) A copy of a document referred to in paragraph (4) (a) shall be lodged—
      (a) at the same time as the application to which sub-section (1) applies is lodged;
      (b) within 3 months after that time; or
      (c) within such further period after that time as the Registrar allows.
"(6) If a copy of a document referred to in paragraph (4) (a) is in a foreign language, a translation of the document, verified by declaration or otherwise to the satisfaction of the Registrar, shall be annexed to the document.

Withdrawn application not to be used as basic application in certain circumstances
"50. Notwithstanding anything contained in section 49, where—
      (a) an application for protection in respect of a design has been made in a Convention country;
      (b) the application has been withdrawn, abandoned or refused without becoming open to public inspection;
      (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 section 49; and
      (d) a later application has been made by the same applicant for protection in respect of that design in the Convention country in which the earlier application was made,

the applicant may request the Registrar to disregard the earlier application for the purposes of section 49 and, if he so requests—
      (e) the earlier application shall be so disregarded; and
      (f) neither the applicant nor any other person is capable of making use of the earlier application as a basic application for the purposes of section 49.".

PART III—AMENDMENTS OF THE COPYRIGHT ACT 1968

Principal Act
32. The Copyright Act 19682 is in this Part referred to as the Principal Act.

Consequential amendments
33. The Principal Act is amended as set out in the Schedule.

PART IV—AMENDMENT OF THE PATENTS, TRADE MARKS, DESIGNS AND COPYRIGHT ACT 1939

Principal Act
34. The Patents, Trade Marks, Designs and Copyright Act 19393 is in this Part referred to as the Principal Act.

International arrangements
35. Section 15 of the Principal Act is repealed.

PART V—TRANSITIONAL

Transitional provision in relation to applications
36. (1) The amendments made by Parts II and III (other than the amendment made by section 31), insofar as they apply in relation to applications for registration of designs, apply in relation to such applications made after the date fixed by Proclamation under sub-section 2 (3).

(2) The amendment made by section 31, insofar as it applies in relation to applications for registration of designs, applies in relation to such applications made after the date fixed by Proclamation