Regulation 14. Declaration claiming priority and translation of earlier application. (INDUSTRIAL DESIGNS REGULATIONS 1999

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Malaysia Legislation

P.U.(A) 351/99
INDUSTRIAL DESIGNS REGULATIONS 1999
PART II - APPLICATION AND PROCEDURE FOR REGISTRATION OF INDUSTRIAL DESIGN

Regulation 14. Declaration claiming priority and translation of earlier application.

(1) The declaration referred to in subsection 17(2) shall be made at the time of filing an application for registration of an industrial design and shall specify -

(a)

the date of the earlier application;

(b)

subject to subregulation (2), the number of the earlier application;

(c)

subject to subregulation (3), the class and subclass number in accordance with the International

Classification for Industrial Designs which has been allocated to the earlier application;

(d)

the name of the country in which the earlier application was filed or, where the earlier application is a

regional or an international application, the name of the country or countries for which the regional or

international application was filed; and

(e)

where the earlier application is a regional or an international application, the office with which the

application was filed.

(2) Where at the time of filing the declaration referred to in subregulation (1), the number of the earlier application is not known, that number shall be furnished within three months from the date on which the application containing the declaration was filed.

(3) Where a class or subclass number of the International Classification for Industrial Designs has not been allocated to the earlier application, or had not yet been allocated at the time of filing the declaration referred to in subregulation (1), the applicant shall state the fact in the declaration and shall communicate such class or subclass number as soon as it has been allocated.

(4) The applicant may, at any time before registration of an industrial design, amend the contents of the declaration referred to in subregulation (1).

(5) The period for furnishing a certified copy of the earlier application, referred to in subsection 17(3) , shall be three months from the date of the request by the Registrar, and where a copy has already been furnished for another application, the applicant may respond by making a reference to that other application.

(6) Where the earlier application is in a language other than the national language or the English language, the applicant shall, within six months from the date of the request by the Registrar referred to in subregulation (5) , furnish a certified translation of the earlier application in the national language or the English language.

(7) Where the Registrar treats the declaration of priority as invalid under subsection 17(5) , he shall inform the applicant in writing of the reason or reasons.