1. Who may apply for Registration?
- Except in the case of an application under Section 11 of the Ordinance, any person claiming to be the proprietor of any new or original design not previously published anywhere in the world may make an application for the registration of such design in Pakistan. Thus the applicant need not be the author of the design.
- The “proprietor or creator of a design” is defined in Section 2(b) of the Ordinance, which reads as follows:
- Where the author or creator of the design, for good Consideration executes the work for some other person, the person for whom the design is so executed;
- Where a design or the right to apply a design to an article becomes vested, whether by assignment, transmission or operation of law, in any person other than the original proprietor, either alone or jointly with the original proprietor, in respect and to the extent in and to which the design or right has been so vested, that other person or, as the case may be the original proprietor and that other person.
- If and to the extent to which two or more person have created the same design independently of each other, the person whose application has the earliest filing date or, if priority is claimed, the earliest validity claimed priority date shall have the right to the registration of industrial design, as long as the said application is not withdrawn, abandoned or rejected; and
- In any other case, author or creator of the design as may be assigned or as may be transferred by succession. The term “person” includes a Company Body Corporate, Firm, partnership, etc.
2. Requirements for registration of a design
- An application for the registration of a design must be made on prescribed Form, and must be accompanied by the prescribed number of representations of the design or the specimen of the article bearing the design and by the prescribed fee and affidavit in accordance with Rule 63B.
- If it is desired to register the same design in more than one class, a separate application must be made in each class.
3. Claiming Priority
The Design Ordinance 2000 provides priority arrangements for all member countries of World Trade Organisation (WTO) if application in Pakistan is filed within 6 months of the priority country filing. Under Section 11 of the Ordinance, any person who has made application to register a design in any of the member country of WTO (or his legal representative or assignee), either alone or jointly with any other person, is entitled to make an application for the registration of the same design in Pakistan, claiming priority of date for his registration. Similarly, any person who has filed an application for registration in Pakistan is entitled to claim that that the official date of the Pakistani application for any registration that may be affected in the aforesaid countries. An application under section 11 of the Designs Ordinance 2000 should be made on Form-16 within six months from the date of the first application in a foreign country, and should be accompanied by four identical representations. In addition, a copy of the representation or specimen of the design filed or deposited abroad in respect of the first application in a foreign country duly certified by the official Chief or head of the Patents Office of that country, or otherwise verified to the satisfaction of the Registrar, should be left with such application, or within three months thereafter and if such certificate or document is in a foreign language, a translation thereof (in English) verified by statutory declaration or otherwise to the satisfaction of the Registrar should be annexed thereto.
4. Non-Completion of Registration
An application, which, owing to any default or neglect on the part of the applicant, is not completed so as to enable registration to be affected within six months of the date of application, is deemed to be abandoned.
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