Sch.
PATENTS ACT (as amended)
SECTION 4
Industrial Designs
(1) An application for the registration of an industrial
design filed shall—
(i) identify the applicant;
(ii) contain a reproduction of the industrial design;
(iii) designate the Contracting States for which the
registration is requested to have effect;
(iv) be subject to the payment of the prescribed fees.
(2) (a) The Office shall examine whether the formal
requirements for applications have been complied with and
shall accord the appropriate filing date to the application.
(b) If the Office finds that the application does not comply with the formal requirements, it shall notify the applicant accordingly, inviting him to comply with the
requirements within the prescribed period. If the applicant
does not comply with the requirements within the said
period, the Office shall refuse the application.
(c) The Office shall notify each designated State of the
fact that an application for the registration of an industrial
design has been filed which complies with the prescribed
formal requirements.
(3) Before the expiration of six months from the date of
the notification referred to in subsection (2) (c), each
designated State may make a written communication to the
Office that, if the industrial design is registered by the
Office, that registration shall have no effect in its territory
for the reason—
(i) that the industrial design is not new;
(ii) that, because of the nature of the industrial design,
it cannot be registered or a registration has no effect under the national law of that State; or
(iii) that, in the case of a textile design, it is the
subject of a special register.
(4) After the expiration of the said six months, the Office
shall effect the registration of the industrial design, which
shall have effect in those designated States which have not
made the communication referred to in subsection (3). The
Office shall publish the registration.
(5) If the Office refuses the application, the applicant
may, within three months from being notified of such
refusal, request that his application be treated, in any
designated State, as an application according to the national
law of that State.
(6) On each anniversary of the filing of the application,
the Office shall collect the prescribed annual maintenance
fee, part of which shall be distributed among the designated
States concerned. The amount of the fee shall depend on the
number of States in respect of which the application or
registration is maintained. Provided it is maintained, the
registration of an industrial design effected by the Office
shall in each designated State have the same effect as a
registration effected or otherwise in force under the applicable national law but not beyond the maximum duration
provided for under the said law.
(7) An industrial design registered by the Office shall in
each designated State be subject to the provisions of the
applicable national law on compulsory licences or the use of
registered industrial designs in the public interest.
SECTION 5
Regulations
(1) The Administrative Council of ARIPO shall make
Regulations for the implementation of this Protocol and may
amend them, where necessary.
(2) The Regulations shall in particular relate to—
(i) any administrative requirements, matters of procedure, or any details necessary for the implementation
of the provisions of this Protocol and any relevant international treaties;
(ii) the fees to be charged by the Office and the details of
the distribution of part of those Contracting States.
SECTION 6
Entry Into Force and Final Provisions
(1) (a) Any State which is a member of the Organization
or any State to which membership of the Organization is
open in accordance with Article IV (1) of the Agreement on
the Creation of the African Regional Industrial Property
Organization may become party to this Protocol by—
(i) signature followed by the deposit of an
instrument of ratification; or
(ii) deposit of an instrument of accession.
(b) Instruments of ratification or accession shall be
deposited with the Government of the Republic
of Zimbabwe.
(c) This Protocol shall enter into force three
months after three States have deposited their
instruments of ratification or accession.
(2)
(3)
(4)
(d) Any State which is not party to this Protocol
upon its entry into force under subsection (1)
(c) of this Section shall become bound by this
Protocol three months after the date on which
such State deposits its instrument of ratification
or accession.
(a) Ratification of, or accession to, this Protocol
shall entail acceptance of the Agreement on the
Creation of the African Regional Industrial
Property Organization.
(b) The deposit of an instrument of ratification of,
or accession to, this Protocol by a State which is
not a party to the Agreement referred to in paragraph (a) of this subsection shall have the effect that the said State shall become party to the
said Agreement on the date on which it deposits
its instrument of ratification of, or accession to,
this Protocol.
(a) Any Contracting State may denounce this
Protocol by notification addressed to the Government of the Republic of Zimbabwe.
(b) Denunciation shall take effect six months after
receipt of the said notification by the Government of the Republic of Zimbabwe. It shall not
affect any patent application or application for
the registration of an industrial design filed with
the Office prior to the expiration of the said sixmonth period or any patent granted or registration of an industrial design affected upon such
an application.
(a) This Protocol shall be signed in a single copy
and shall be deposited with the Government of
the Republic of Zimbabwe.
(b) The Government of the Republic of Zimbabwe
shall transmit certified copies of this Protocol to
the Contracting States, other States members of
the African Regional Industrial Property Organization, and the States to which membership of
the Organization is open in accordance with Article IV (1) of the Agreement on the Creation of
the African Regional Industrial Property Organization, the World Intellectual Property Organi-
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