50Withdrawn application not to be used as basic application in certain circumstances

50 Withdrawn application not to be used as basic application in certain circumstances

Notwithstanding anything contained in section 49, where: (a) an application for protection in respect of a design has been made in a Convention country; (b) the application has been withdrawn, abandoned or refused without becoming open to public inspection; (c) the application has not been used as the basis for claiming a right of priority in a Convention country under the law of that country corresponding to section 49; and (d) a later application has been made by the same applicant for protection in respect of that design in the Convention country in which the earlier application was made; the applicant may request the Registrar to disregard the earlier application for the purposes of section 49 and, if he so requests: (e) the earlier application shall be so disregarded; and (f) neither the applicant nor any other person is capable of making use of the earlier application as a basic application for the purposes of section 49.