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Industrial Designs Act 1996 Part VIII — Other powers of the registrar

s 40–s 43 · 4 sections

Amendment of registered industrial design

s 40

(1) The owner of a registered industrial design may, in accordance with regulations prescribed by the Minister, request the Registrar to amend a registered industrial design or any document associated therewith for the purpose of correcting a clerical error, obvious mistake or for any other reason acceptable to the Registrar. (2) The request for amendment shall be accompanied by the prescribed fee. (3) Except for the purpose of correcting a clerical error or an obvious mistake, no amendment shall be permitted under this section if the amendment would have the effect of disclosing matters which extend beyond that disclosed before the amendment, or extending the protection conferred at the time of registration of the industrial design in question. (4) No amendment shall be allowed to be made in the registration of an industrial design under this section where there are pending before the court proceedings in which the validity of the registration of the industrial design may be put in issue. (5) Where the Register has been amended under this section, the Registrar may require the certificate of registration to be submitted to him and may cancel the certificate of registration and issue a new certificate of registration with such consequential amendments as are rendered necessary by the amendment of the Register.

General powers of Registrar

s 41

(1) The Registrar may generally for the purposes of this Act— (a) summon witnesses; (b) receive evidence on oath; (c) require the production of any document or article; and (d) award costs as against a party to any proceedings before him. (2) Any person who without any lawful excuse fails to comply with any summons, order or direction made by the Registrar under paragraph (1)(a), (1)(b) or (1)(c) commits an offence and is liable on conviction to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both. (3) Costs awarded by the Registrar may in default of payment be recovered in a court of competent jurisdiction by the person to whom the costs were awarded.

Exercise of discretionary power

s 42

Where any discretionary power is given to the Registrar by this Act or any regulations made under this Act, he shall not exercise the power on any person who may be adversely affected by his decision without giving to the person an opportunity of being heard.

Extension of time

s 43

Subject to the provisions of subsection 17(2) and section 50, where by this Act or any regulations made under this Act, a time is specified within which an act or thing is to be done, the Registrar may, unless otherwise expressly directed by the Court, extend the time either before or after its expiration, upon payment of the prescribed fee.

Back to Industrial Designs Act 1996 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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