69Certain material may be provided to Registrar

69 Certain material may be provided to Registrar

(1) A person may provide to the Registrar material relating to whether a registered design is new or distinctive within the meaning of Division 1 of Part 4 of Chapter 2. The material may be provided even if the person has not made a request under subsection 63(1) that the design be examined. (2) The material is to be provided in accordance with the regulations. (2A) A person must not provide to the Registrar material in the form of a physical article, other than a document, unless the Registrar has given the person an approval to do so. (2B) If a person provides material to the Registrar under subsection (1), the material may be accompanied by evidence, in the form of a declaration, of the publication of the material.

Note: The regulations deal with the making of declarations.

(3) If a person provides material to the Registrar under subsection (1), the Registrar must: (a) notify the registered owner of the design that the material has been provided; and (b) provide a copy of the material to the registered owner of the design. (4) Nothing in this section is to be taken to require the Registrar to examine a design under Part 3. (5) The Registrar must make a copy of material provided to the Registrar under subsection (1) available for public inspection.

Chapter 6—Infringement