27BExtensions of time

##### 27B Extensions of time (1) The Registrar must extend the time for doing a relevant act that is required to be done within a certain time if the act is not, or cannot be, done within that time because of an error or omission by: (a) the Registrar or a Deputy Registrar; or (b) a person employed in the Designs Office; or (c) a person providing, or proposing to provide, services for the benefit of the Designs Office. (2) Where, because of: (a) an error or omission by the person concerned, or by his or her agent; or (b) circumstances beyond the control of the person concerned; a relevant act that is required to be done within a certain time is not, or cannot be, done within that time, the Registrar may, on application made by the person concerned in accordance with the regulations, extend the time for doing the act. (3) The time allowed for doing a relevant act may be extended, whether before or after that time has expired. (4) Where an application is made for an extension of time for more than 3 months, the Registrar must advertise the application in the Official Journal. (5) A person may, as prescribed, oppose the granting of the application. (6) Where: (a) an application for registration of a design lapses, or the registration of a design ceases to be in force, because of a failure to do one or more relevant acts within the time allowed; and (b) the time for doing that act or those acts is extended; the application or registration must be treated as having been restored on the day on which the extension, or the last of the extensions, is granted. (7) Where an extension of time is granted for doing a relevant act, the prescribed provisions have effect for the protection or compensation of persons who availed themselves (or took definite steps by way of contract or otherwise to avail themselves) of the design concerned because of the failure to do the relevant act within the time allowed, the lapsing of the application or the ceasing of the registration, as the case may be. (8) Infringement proceedings cannot be brought in respect of an infringement committed between the day on which the registration of a design ceases to be in force and the day on which the registration is restored. (9) Where: (a) the registration of a design is restored under this section; and (b) the design was the original design, within the meaning of section 25D, in relation to another design (in this subsection called the second design) to which that section applied; the registration of the second design is restored and: (c) that section again applies to the second design; and (d) the design mentioned in paragraph (a) again becomes the original design in relation to the second design. (10) In this section: > relevant act means an action (other than a prescribed action) in relation to: (a) a registered design; or (b) an application for registration of a design; or (c) any proceedings under this Act (other than court proceedings); and includes the making of an application for registration of a design within the period specified in subsection 49(1).