Document ID: chunk:federal_register_of_legislation:F2024C00939:front:0:p12
Version: federal_register_of_legislation:F2024C00939
Segment Type: other
Provision Reference: 
Character Range: 28725–31440

an interest in the design is prescribed.
 (2) For paragraph 50(2)(b) of the Act, a person mentioned in subregulation (1) may make a submission:
 (a) in writing; and
 (b) within 1 month after the date of the notice under paragraph 50(2)(a) of the Act.
 (3) The Registrar must also publish, in the Official Journal, a notice of the offer received under section 49 of the Act.
 (4) If an interested person wishes to be heard in relation to the offer, he or she must, within 1 month after the date of publication of the notice mentioned in subregulation (3), give notice to the Registrar of his or her wish to be heard.
 (5) The Registrar may, as a preliminary issue, hear and determine the question whether a person is an interested person.
 (6) If an interested person gives notice to the Registrar under subregulation (4), the Registrar must give the person an opportunity to be heard before exercising his or her powers under subsection 50(3) of the Act.

4.12  Revocation of registration on grounds relating to entitled persons
  For subsection 51(2) of the Act, the application must:
 (a) be made in the approved form; and
 (b) include a statement of the grounds on which the application is made.

4.13  Notice of revocation of registration
  For subsection 52(4) of the Act, the notice must:
 (a) be published in the Official Journal; and
 (b) include the registration number of the design.

4.14  Applications by entitled persons after revocation following surrender of registration
  For paragraph 54(1)(b) of the Act, an application must be in writing.

Chapter 5—Examination of designs

5.01  Requirements for request for examination of design
  For subsection 64(1) of the Act, the following requirements are prescribed:
 (a) the request must be made in the approved form;
 (b) if the request is made by a person other than the registered owner, and contains any material in relation to the newness and distinctiveness of the design—the material must be provided in duplicate.

5.02  Grounds for revocation of registration of design
  For paragraph 65(2)(b) of the Act, a prescribed ground is that, under section 43 of the Act, the design should not have been registered.

5.03  Examination of design—procedures
 (1) For paragraph 65(3)(a) of the Act, the procedures set out in this regulation are prescribed for the conduct of an examination of a design.
 (2) If, after considering under subsection 65(1) of the Act whether a ground for revocation under subsection 65(2) of the Act exists, the Registrar is satisfied that a ground for revocation has been made out, the Registrar must notify the registered owner as required under subsection 66(2) of the Act.
Note: See section 67 of the Act for what is