49Applications under International Conventions

49 Applications under International Conventions

(1) Where: (a) an application for protection in respect of a design (in this section referred to as the basic application) has been made in a Convention country; and (b) an application for registration of the design is lodged under this Act, within a period of 6 months after the date on which the basic application was made, by a person who is: (i) the applicant in the Convention country; (ii) the assignee of the applicant in the Convention country; or (iii) the legal personal representative of the applicant in the Convention country or of his assignee; the priority date in respect of the application under this Act is the date of the making of the basic application. (2) For the purposes of subsection (1), the date on which a basic application was made in a Convention country is such date as the Registrar is satisfied, by certificate of the official chief or head of the Designs Office of the Convention country or otherwise, is the date on which the basic application was made in the Convention country. (3) Where 2 or more applications for protection in respect of a design have been made in one or more Convention countries, the period of 6 months referred to in paragraph (1)(b) shall be reckoned from the date on which the earlier or earliest of those applications was made. (4) An application to which subsection (1) applies: (a) shall be supported by a copy of the basic application, and of any other related documents filed or deposited by the applicant in the Designs Office of the Convention country in which the basic application was made, certified by the official chief or head of that Office or otherwise verified to the satisfaction of the Registrar; and (b) in all other respects, shall be made, lodged and proceeded with in the same manner as an ordinary application under this Act for the registration of a design. (5) A copy of a document referred to in paragraph (4)(a) shall be lodged: (a) at the same time as the application to which subsection (1) applies is lodged; (b) within 3 months after that time; or (c) within such further period after that time as the Registrar allows. (6) If a copy of a document referred to in paragraph (4)(a) is in a foreign language, a translation of the document, verified by declaration or otherwise to the satisfaction of the Registrar, shall be annexed to the document.