35Request for registration

35 Request for registration

Actual requests for registration (1) An applicant may request registration of one or more designs disclosed in a design application. (2) The request must be: (a) included in the design application; or (b) made within the period prescribed by the regulations. (3) The request must be in accordance with any requirements prescribed by the regulations. Deemed requests for registration (4) If: (a) one design is disclosed in a design application; and (b) at the end of the period applicable under paragraph (2)(b): (i) the applicant has not made a request in relation to the design in accordance with subsections (1) to (3); and (ii) the applicant has not withdrawn the application in accordance with section 32; then the applicant is taken to have requested that the design be registered. (5) If: (a) more than one design is disclosed in a design application; and (b) for a design (the subject design) disclosed in the application, at the end of the period applicable under paragraph (2)(b) in relation to the subject design: (i) the applicant has not made a request in relation to the subject design in accordance with subsections (1) to (3); and (ii) the subject design has not been excluded from the application by an amendment under section 28; and (iii) the applicant has not withdrawn the application in accordance with section 32; and (iv) the applicant has not withdrawn the subject design from the application in accordance with section 32; then the applicant is taken to have requested that the subject design be registered.

Note: Subsection (5) applies separately in relation to each design that is disclosed in the design application.

Relationship with section 36 (6) This section is subject to section 36.