Initial period of registration and extension
s 21
Open ↗21.—(1) The initial period of registration of a design is 5 years from the date of registration of the design. (2) The period of registration of a design may be extended for a second and third period of 5 years, by applying to the Registrar for an extension, and paying the prescribed extension fee, not earlier than the prescribed period before the date of expiry of the current period of registration, and not later than the date of expiry of the current period of registration.[Act 7 of 2022 wef 26/05/2022] (3) The Minister may make rules for the Registrar to inform the registered owner of a design, before the expiry of the current period of registration, of the imminent expiry of the registration and the manner in which it may be extended. (4) If the application and payment are not made before the expiry of the current period of registration, the registration of the design ceases to be in force upon the expiry of that period and must be removed from the Register. (5) If, during the prescribed period after the date of expiry of the current period of registration, an application for extension is made and the extension fee and any prescribed late fee are paid, the registration of the design is to be treated as if it had never ceased to be in force, and accordingly —(a) anything done under or in relation to any rights in the design by or with the consent of the owner during that period is to be treated as valid; (b) an act which would have constituted an infringement of the design if the registration had not ceased to be in force is to be treated as an infringement; and (c) an act which would have constituted use of the design for the services of the Government under Part 4 if the registration had not ceased to be in force is to be treated as such use.[Act 7 of 2022 wef 26/05/2022] (6) The Minister may make rules to provide for the restoration of the registration of a design which has been removed from the Register, subject to such conditions as may be prescribed.[16/2012]