Provisions as to registration of same design in respect of other articles, etc.
Version Date:
30/06/1997
(1) Where the registered owner of a design registered in respect of any article makes an application-
(a) for registration in respect of 1 or more other articles, of the registered design; or
(b) for registration in respect of the same or 1 or more other articles, of a design consisting of the registered design with modifications or variations not sufficient to alter the character or substantially affect the identity thereof,
the application shall not be refused, and the registration made on the application shall not be invalidated, by reason only of the previous registration or publication of the registered design.
(2) Where any person makes an application for the registration of a design in respect of any article and either-
(a) the design has been previously registered by another person in respect of some other article; or
(b) the design to which the application relates consists of a design previously registered by another person in respect of the same or some other article with modifications or variations not sufficient to alter the character or substantially affect the identity thereof,
then, if at any time while the application is pending the applicant becomes the registered owner of the design previously registered, subsection (1) shall apply as if at the time of making the application the applicant had been the registered owner of that design.