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-