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Malaysia Legislation


P.U.(A) 351/99
INDUSTRIAL DESIGNS REGULATIONS 1999
PART IV - ASSIGNMENT, TRANSMISSION, RECTIFICATION OF REGISTER OR REVOCATION OF REGISTRATION



Regulation 27. Application for rectification or request for revocation.

(1) An application to the Registrar for rectification of the Register pursuant to subsection 24(3) or a request for revocation of registration of the industrial design under subsection 27(2) shall be made on ID Form 6 accompanied by the prescribed fee and a statement setting out fully the applicant's interest and the facts upon which he relies.

(2) Where the applicant is other than the owner of the industrial design, a copy of the application and the statement referred to in subregulation (1) shall be given to the owner.

(3) If the owner desires to oppose the application for rectification of the Register or revocation of registration of the industrial design he shall within three months from the date of receipt of the application file a notice of opposition which shall include a statement of the grounds upon which the owner objects to the application and shall give a copy to the applicant.

(4) An owner who does not file a notice of opposition shall be deemed to have no objection.

(5) Within two months from the date of receipt of the notice of opposition filed in accordance with subregulation (3) , the applicant may file a counter-statement setting out the grounds on which he relies as supporting his application and the facts, if any, alleged in the notice of opposition which he admits, and shall at the same time give a copy to the owner.

(6) If no counter-statement is filed in accordance with subregulation (5) , the application shall be deemed abandoned.

(7) If a counter-statement is filed in accordance with subregulation (5) , the Registrar shall, after giving the owner and the applicant an opportunity to be heard by filing in written submissions within a specified time, decide on the matter.