Règlement sur les dessins et modèles (Reg. 14/9/1947), Guyana

DESIGNS REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation. 2. Interpretation. 3. Fees. 4. Forms. 5. Sets of articles. 6. Classification of goods.

DOCUMENTS

7. Size, etc., of documents. 8. Signature of documents. 9. Service of documents.

ADDRESS

10. Address. 11. Address for service.

AGENTS

12. Agency.

ApPLICATION FOR REGISTRATION

13. Signature of applicant. 14. Form of application. 15. Lace designs. 16. Form of application for designs other than checks or stripes. 17. Form of application for checks or stripes. 18. Class. 19. Application of design. 20. Statement of novelty. 21. Application under section 63. 22. Representations. 23. Representations for set. 24. Representations for set. 25. Nature of representations. 26. Drawings, etc., must be in ink. 27. Special representations. 28. Words, etc., on designs. 29. Repeat of pattern. 30. Specimens of designs. 31. Representations of living persons or persons recently dead.

PROCEDURE ON RECEIPT OF ApPLICATION

32. Objections. 33. Decision of Registrar. 34. Date for appeal.

NON-COMPLETION

35. Non-completion within 12 months.

DEATH OF APPLICANT

36. Death of applicant before registration.

EXTENSION OF PERIOD OF COPYRIGHT

37. Extension of period of copyright beyond first five years. 38. Extension of period of copyright beyond second five years. 39. Extension of period of copyright in designs registered under

section 63. 40. Payment of fees in advance.

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AsSIGNMENTS, ETC.

41. Joint request for entry of assignment, etc. 42. Application for entry of assignment by subsequent proprietor. 43. Particulars in application. 44. Entry of notification of document. 45. Copies for office. 46. Entry on Register. 47. Removal of name. 48. Change of name.

ALTERATION OF ADDRESS

49. Alteration of address in Register.

CORRECTION OF ERRORS

50. Correction by applicant or proprietor.

CANCELLATIONS UNDER SECTION 87(b)

51. Cancellation of design. 52. Cancellation by assignee in insolvency, etc.

DISCRETIONARY POWER

53. Hearing. 54. Notification of decision.

SEARCHES

55. Search under section 70. 56. Search among registered designs.

HOURS OF INSPECTION

57. Hours of inspection.

POWER TO DISPENSE WITH EVIDENCE

58. Dispensing with evidence.

AMENDMENTS

59. Amendment of documents.

ENLARGEMENT OF TIME

60. Enlargement of time. 61. Excluded days.

CERTIFICATE BY REGISTRAR

62. Certificate for use in legal proceedings or other purpose.

MARKING OF ARTICLES

63. (1) Registration mark. (2) Dispensation as regards marking.

REGISTER OF DESIGNS AND INSPECTION OF REGISTERED DESIGNS

64. Registering design. 65. Inspection of registered designs.

CANCELLATION OF REGISTRATION OF DESIGNS AND

ApPLICAnONS FOR COMPULSORY LICENCES UNDER SECTION 71 66. Cancellation of registration of designs and applications for

compulsory licences under section 71. 67. Counter-statement. 68. Applicant's evidence. 69. Proprietor's evidence. Evidence in reply. 70. Closing of evidence. 71. Hearing. 72. Costs on uncontested application.

LOST CERTIFICATE OF REGISTRATION

73. Lost certificate.

INDUSTRIAL AND INTERNATIONAL EXHIBITIONS 74. Notice of exhibition.

STATUTORY DECLARATIONS

75. Form, etc., of statutory declaration. 76. Manner in which, and person before whom declaration is to be

taken. 77. Notice of seal of officer taking declaration to prove itself.

ApPLICATIONS TO AND ORDERS OF THE COURT 78. Notice to Registrar of application to rectify Register. 79. Order of Court. 80. Publication of order of Court.

DESIGNS EXCLUDED FROM PROTECTION UNDER COPYRIGHT ACT 1911

81. Designs excluded from protection under Copyright Act 1911.

FIRST SCHEDULE-Fees. SECOND SCHEDULE-Forms. THIRD SCHEDULE-Classification of goods.

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Reg. 14{9{1947

Citation.

Interpreta- tion.

Fees. First Schedule.

Forms.

Second Schedule.

Sets of articles.

Classification of goods. Third Schedule.

Size, etc., of documents.

DESIGNS REGULATIONS

made under section 103

1. These Regulations may be cited as the Designs Regulations and shall come into operation on 1st January, 1938.

2. In these Regulations- "agent" means a licensed patent agent under the Act duly author-

ised to the satisfaction of the Registrar; "lodged" means left at the Office or sent through the post by a

prepaid letter addressed to the Registrar at the office; "Office" means the Patent Office; "section" means section of this Act; "set" means a number of articles of the same general character

ordinarily on sale together or intended to be used together all bearing the same design with or without modifications or variations not sufficient to alter the character or substantially to affect the identity thereof;

"specimen" means an article of manufacture or a substance with the design applied to it.

3. (1) The fees to be paid in relation to designs shall be those prescribed in the First Schedule and shall be payable to the Registrar.

(2) All fees shall be payable in advance.

4. The forms herein referred to are the forms contained in the Second Schedule, and such forms shall be used in all cases to which they are applicable and may be modified as directed by the Registrar to meet other cases.

5. Where there is any doubt whether given articles do or do not constitute a set, the doubt shall be determined by the Registrar.

6. For the purposes of the registration of designs· and of these Regulations, goods are classified in the manner set out in the Third Schedule.

If any doubt arises as to the class to which any particular des- cription of goods belongs, it shall be ·determined by the Registrar.

DOCUMENTS

7. Subject to any other directions that may be given by the Reg- istrar, all applications, notices, papers having representations affixed, and other documents required by the Act or by these Re~- "lations to be lodged shall be upon strong paper, and, except where .otherwise required, on one side only, of a size of approximately 13 inches by 8 inches, and having on the left-hand part thereof a margin of approximately two inches.

8. A document lodged by a partnership or firm shall contain the names of the partners in full and shall be signed by all the partners. A document lodged by a body corporate shall be signed by a director Dr by the secretary or other principal officer of such body corporate.

Signature of documents.

Agency.

Form 1.

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9. Any application, statement, notice or other document auth- Service of orised or required to be lodged, or to be left, made or given with documents. -or to any person under the Act or these Regulations may be sent through the post by a prepaid letter; any document so sent shall be deemed to have been delivered at the time when the letter con- taining the same would be delivered in the ordinary course of post, and in proving such service or sending, it shall be sufficient to prove that the letter was properly addressed and put in the post.

ADDRESS

10. Where any person is bound to furnish the Registrar with an :address, the address given shall in all cases be as full as possible, for the purpose of enabling any person easily to find the place of business of the person whose address is given.

11. Every applicant in any proceedings to which these regulations relate, and every person registered as proprietor of, or as having an interest in, a registered design, shall furnish to the Registrar in :addition to his full residential or business address an address for service in Guyana. Such address may be treated, for all purposes connected with such proceedings or design, as the actual address of -such applicant or person and shall in the case of a registered proprietor be entered on the register as the address for service -of such proprietor.

Any written communication addressed to an applicant in any proceedings, or to any person registered as proprietor of, or as having an interest in, a registered design, at his address for service shall be deemed to be properly addressed.

Where an address for service has not been furnished to the Registrar, the Registrar may treat the residential or business address a.s the address for service, unless such residential or business address is out of Guyana, in which case the Registrar need not proceed with the examination of the application until an address for service In Guyana has been furnished to him.

AGENTS

Address.

Address for service.

12. An application for registration and all other communications between an applicant and the Registrar, and between the registered proprietor of a design and the Registrar, or any other person, may be made by or through an agent.

Any such applicant or proprietor may appoint an agent to represent him in the matter of the design by signing and sending to the Registrar an Authority in writing to that effect on Designs Form 1, or in such other form as the Registrar may deem sufficient. In case any registered proprietor of a design shall appoint such an agent, service upon such agent or any document relating to such design shall be deemed to be service upon the person so appointing him, and all communications directed to be made to such person in respect of such design may be addressed to such agent.

The Registrar shall not recognise as such agent, or receive any communications in respect of any business under the Act relating to designs from any person who is not at the time licensed to be a patent agent under the provisions of the Act. In any particular case, the Registrar may, if he thinks fit, require the personal signature or presence of an applicant or other person.

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Signature of applicant.

Form of application.

Forms 2 and 3.

Lace designs.

Forms 4 and 5.

Form of application for designs other than checks or stripes. Form 6.

Form of application for checks or stripes. Form 7.

APPLICATION FOR REGISTRATION

13. An application for registration of a design shall be signed by the applicant for registration or by his agent.

14. An application for registration of a design shall be lodged at the Office and (except as regards (a) applications for lace designs in Class 9 and (b) applications in classes 13, 14 and 15) shall be on Designs Form 2, or in the case of a set on Designs Form 3 as the case may be.

15. An application for registration of a lace design in Class 9 shall be on Designs Form 4 or in the case of a set on Designs Form 5.

16. Applications for registration of designs in Classes 13 and 14 shall be made on Designs Form 6.

17. Applications for registration of designs in Class 15, consisting substantially of checks or stripes only, shall be made on Designs Form 7. If any doubt arises as to whether a design presented for registration on Designs Form 7 is a design consisting substantially of checks or stripes only, that doubt shall be determined by the Registrar.

18. An application shall state the class in which the design is to be registered, and where it is desired to register the same design' in more than one class, a separate application shall be made in respect of each class. In that case each application shall be numbered separately, and shall be treated as a separate and distinct application.

19. Every application shall state the article or articles to which the design is to be applied and where the Registrar so requires, the applicant shall further state for what purpose the article to which the design is to be applied is used and the material or the predominating material of which the article is made.

20. The applicant may, and shall, if required by the Registrar in any case so to do, endorse on the application and each of the representations a brief statement of the novelty he claims for his design.

21. When an application is made under the provisions of section 63 for the registration of a design which has already been registered in one or more classes, the application shall contain the number or numbers of the registration or registrations already affected.

22. There shall be furnished in connection with an application for the registration of a design to be applied to a single article, three identical representations of the design, in a form satisfactory to the Registrar, or three specimens.

23. There shall be furnished in connection with an application for the registration of a design to be applied to a set four identical representations of the design, in a form satisfactory to the Registrar, or four specimens.

Class.

Application of design.

Statement of novelty.

Application under section 63.

Representa- tions.

Representa- tions for set.

Drawings, etc., must be in ink.

Special representa- tions.

Words, etc. on designs.

Repeat of pattern.

Specimens of designs.

Representa- tions of living persons or persons recently dead.

Objections.

Decision of Registrar.

Form 8.

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24. When the design is to be applied to a set, each of the represent- Representa- ations accompanying the application should show all the various tions for set. arrangements in which it is proposed to apply the design to the articles included in the set.

25. Each representation of the design, whether to be applied to a single article or to a set of articles, must be upon paper of the size prescribed by regulation 7 and not on cardboard, and must appear on one side only of the paper. The figures must be placed in an upright position on the sheet. When more figures than one are shown, these should where possible be on one and the same sheet, and each must be designated perspective view, front view, side view or otherwise as the case may be.

Nature of representa- tions.

26. When drawings or tracings are furnished, they must be in ink, and if on tracing cloth or tracing paper must be mounted on paper of the size prescribed by regulation 7.

27. When the specimens are not, in the Registrar's oplmon, of a kind which can be conveniently mounted in a fiat position by means of an adhesive, upon paper of the size prescribed by regulation 7 and stored without damage to other documents, representations shall be furnished in place of specimens.

28. Where words, letters or numerals are not of the essence of the design, they shall be removed from the representations or specimens; where they are of the essence of the design the Registrar may require the insertion of a disclaimer of any right to their exclusive use.

29. Each representation of a design which consists of a repeating surface pattern must show the complete pattern and a sufficient portion of the repeat in length and width, and shall not be of less size than 7 inches by 5 inches.

30. Where representations are supplied, the Registrar may at any time require specimens or additional representations.

31. Where the names or representations of living persons appear on a design, the Registrar shall be furnished, if he so require, with consents from such persons before proceeding to register the design. In the case of persons recently dead the Registrar may call for consents from their legal representatives before proceeding with the registration of a design on which their names or representations appear.

PROCEDURE ON RECEIPT OF APPLICATION

32. If upon consideration there appears to the Registrar to be any objection to the application, a statement of those objections shall be sent to the applicant in writing, and unless within one month the applicant applies for a hearing, he shall be deemed to have withdrawn his application.

33. The decision of the Registrar at such hearing as aforesaid shall be communicated to the applicant in writing, and if he objects to such decision and desires to appeal, he shall within one month apply to the Registrar, upon Designs Form 8, requesting him to state in writing the grounds of and the materials used by him in arriving at his decision.

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Extension of period of copyright in designs registered under section 63. Form 12.

Payment of fees in advance.

34. Upon receipt of such application the Registrar shall send to Date for the applicant such statement as aforesaid in writing a..'1d the date appeal. when such statement is sent shall be deemed to be the date of the Registrar's decision for the purpose of an appeal.

NON-COMPLETION

35. Where an application for registration of a design is not Non- completed within twelve months from the date of the application c~mhl?let1i2on

• WIt In by reason of default or neglect on the part of the applicant, the months. Registrar shall give notice to the applicant in writing of such non- completion, and if the applicant has an agent, shall send a duplicate of such notice to such agent. If after fourteen days from the date when such notice was sent, the application is not completed, the application shall be deemed to be abandoned, unless application is made on Designs Form 9 for an extension of time, not exceeding Form 9. three months, within which the application for registration may be completed.

DEATH OF APPLICANT

36. In case of the death of any applicant for registration of a Death of design after the date of his application, and before registration of applicant the design has been effected, the Registrar may, on being satisfied ~:~~~~ation. of the applicant's death, enter in the register, in place of the name of such deceased applicant, the name, address and nationality of the person owning the design, on such ownership being proved to the satisfaction of the Registrar.

EXTENSION OF PERIOD OF COPYRIGHT

37. If the proprietor of a registered design intends to apply for an Ext~nsion of extension of the period of copyright beyond the first period of five ~~~~1g~~ years, he shall apply before the expiration of the first period of five beyond first years on Designs Form 10. An application for an enlargement of ~~~~ars. time for payment of any fee payable for an extension of the period 10 and 12. of copyright under section 66 (2)shall be made on Designs Form 12.

38. If the proprietor of a registered design intends to apply for an Ext~nsion of extension of the period of copyright beyond the second period of :~I;1g~~ five years, he shall apply before the expiration of the second period beyond of five years on Designs Form 11. An appJication for an enlargement ~~~d five of time for payment of any fee payable for an extension of the period Forms of copyright under section 66(3) shall be made on Designs Form 12. 11 and 12.

39. The fee payable for an extension of the period of copyright in respect of a design registered under section 63 shall become due for payment and shall be paid before the expiration of the current period of copyright in the original design. An application for an enlargement of time for payment of any such fee shall be made on Designs Form 12.

40. The proprietor of any registered design may pay all or any of the prescribed fees for obtaining an extension of the period of copy- right in advance.

Joint request for entry of assignment, etc.

- Form 13.

Application for entry of assignment by subsequent propnetor. Form 14.

Particulars in application.

Entry of notification of document. Form 15.

Copies for office.

Entry on Register.

Removal of name.

ASSIGNMENTS, ETC.

41. Where a person becomes entitled by assignment, transmission or other operation of law to the copyright in a registered design or as. mortgagee, licensee or otherwise to any interest in a design, he may, conjointly with the registered proprietor, make application to the- Registrar on Designs Form 13 to register his title.

42. Where a person becomes entitled to the copyright in a design or to any interest therein in the manner referred to in regulation 41 and no conjoint application as therein mentioned is made, he shall make application to the Registrar on Designs Form 14 to register his title.

43. An application under regulation 41 or regulation 42 shall contain the name, address and nationality of the person claiming to· be entitled together with full particulars of the instrument, if any. under which he claims, and such instrument shall be produced for inspection by the Registrar.

44. Application for entry in the Register of notification of any' document (not already provided for) purporting to affect the pro-- prietorship of a registered design shall be made on Designs Form 15.

45. The applicant shall, if so required by the Registrar, lodge at the· Office a copy (verified in such manner as the Registrar may require} of any instrument produced for inspection in proof of title.

46. When the Registrar is satisfied as to the applicant's title he shall cause the applicant to be registered as proprietor, mortgagee, licensee- or as otherwise entitled to an interest in the design and shall record in the Register such particulars as he may consider necessary of the- instrument, if any, under which the title was acquired.

47. Where the name of a person is entered in the Register as. mortgagee or licensee, such person may on making an application.

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for the purpose on Desiglls Form 16 have a note entered in the Form 16. Register that he no longer claims to be mortgagee or licensee, as the case maybe.

48. When the registered proprietor of a design changes his name, Change of he shall make application on Designs Form 17 for entry of such ~~~. 17. change of name in the Register and such application shall be accompanied by documentary evidence substantiating such change of name.

ALTERATION OF ADDRESS

49. Every registered proprietor of a design who alters his address, Alterati<?n of or his address for service, shall forthwith apply to the Registrar on ~~:~~!r~ Designs Form 18, and the Registrar shall alter the Register accord- Form 18. ingly.

CORRECTION OF ERRORS

50. Where an applicant for registration or the registered pro- Correction by prietor of a design desires, under the provisions of section 87 to ~ib~~i~~2 correct an error, he shall make the application on Designs Form 19. Form 19.

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Search under section 70.

Form 21.

Form 22.

Search among registered designs.

Form 23.

Hours of inspection.

CANCELLATIONS UNDER SECTION 87 (b)

51. Where the registered proprietor of a design desires to cancel Cance!lation his registration, he shall make the application on Designs Form 20. Fof des12

gn o.orm .

52. Cancellation may also be effected by the assignee in insolvency Cance~lation of the registered proprietor or where the registered proprietor is a ~i~~r!~cy, company in liquidation by the liquidator or in any other case where etc. the request is made by a person whom the Registrar may decide to be entitled to act in the name of the registered proprietor. In such cases the application shall be made on Designs Form 20 modified Form 20. as the Registrar may direct.

DISCRETIONARY POWER

53. Before exercising any discretionary power given to the Registrar Hearing. by the Act adversely to any person, the Registrar shall give such person not less than ten days' notice of a time when he may be heard by himself or his agent.

Within five days from the date when such notice would be delivered in the ordinary course of post, the person concerned shall notify the Registrar whether or not he intends to be heard on the matter.

54. The decision of the Registrar in the exercise of any such Notification discretionary power, as aforesaid, shall be notified to the person of decision. affected.

SEARCHES

55. Where any person desires to obtain the information which he is entitled to obtain under section 70, and can furnish the regi- stration number of the design, he shall apply on Designs Form 21 and the Registrar will thereafter furnish him with the information aforesaid.

Where the applicant is unable to furnish the registration number of the design he shall apply on Designs Form 22 and furnish to the Registrar such information as he may possess, and the Registrar will thereupon make such search in the class indicated as may be possible on the information supplied, and will furnish such inform- ation as can be afforded. Where Designs Form 22 is accompanied by a representation or specimen of the design, such representation or specimen shall be furnished in duplicate.

56. The Registrar may, upon application for the purpose made on Designs Form 23, cause a search to be made among the registered designs and state whether any design accompanying such form and to be applied to goods in any particular class appears to be identical with, or closely to resemble any registered design applied to such goods of which the copyright is still existing. The design accom- panying Designs Form 23 shall be furnished in duplicate.

HOURS OF INSPECTION

57. The Office shall be open to the public every weekday, except Saturday, between the hours of nine and four, and on Saturday between the hours of nine and twelve, except on public holidays and on such days as may from time to time be notified by a placard posted in a conspicuous place at the Office.

Dispensing with evidence.

POWER TO DISPENSE WITH EVIDENCE

58. Where under these Regulations any person is required to do any act or thing, or to sign any document, or to make any declar- ation on behalf of himself or any body corporate, or any document or evidence is required to be produced to or left with the Registrar, or at the Office, and it is shown to the satisfaction of the Registrar that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Registrar, and upon the production of such other evidence and subject to such terms as he may think fit, to dispense with any such act or thing, signature, declaration, document, or evidence.

AMENDMENTS

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59. If the Registrar think fit any document or drawing or other Amendment representation of a design may be amended, and any irregularity of documents. in procedure may be rectified, on such terms as the Registrar may rurect, if in the opinion of the Registrar such amendment or recti- fication can be made without detriment to the interest of any person.

ENLARGEMENT OF TIME

60. The time prescribed by these Regulations for doing any Enlargement act, or taking any proceeding thereunder, other than the times of time. prescribed by regulation 35, may be enlarged by the Registrar ifbe think fit, and upon such notice to other parties, and proceedings thereon, and upon such terms, as he may direct, and such enlarge- ment may be granted though the time has expired for doing such act or taking such proceeding.

61. Whenever the last day fixed by the Act or by these Regulations Excluded for doing any thing shall fall on a day when the Office is not open, days. or on a Saturday, which days shall be excluded days for the purposes of this Act, it shall be lawful to do any such act or thing on the day next following such excluded day, or days if two or more of them occur consecutively.

CERTIFICATE BY REGISTRAR

62. Where a certificate is required for the purpose of any legal Certificate for proceeding, or other special purpose, as to any entry, matter or ~;e~~gal thing which the Registrar is authorised by the Act or these Regula- or othe:

I18S

tions to make or do, the Registrar may, on the lodgingof a request on purpose. Designs Form 24, give such certificate, which shall also specify on Form 24. the face of it the purpose for which it has been issued as aforesaid.

MARKING OF ARTICLES

63. (1) Before delivery on sale of any article to which a registered Registration design has been applied, the proprietor of such design shall cause mark. each such article to be marked with the word REGISTERED or with the abbreviation REGD or with the abbreviation RD, as he may choose, and also (except in the case of articles to which have been applied designs registered in Classes 9, 13, 14 and 15) with the number appearing on the certificate of registration.

(2) The requirements of the Act as to the marking of articles Dispensation to which registered designs are applied are dispensed with as regards ~~ards printed or woven textile piece goods other than handkerchiefs.· ng.

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Registering design.

Inspection of registered designs.

Cancellation of registration of designs and applications for compul- sory licences under section 71. Form 25.

Counter- statement.

Applicant's evidence.

Proprietor's evidence.

Evidence in reply.

REGISTER OF DESIGNS AND INSPECTION OF

REGISTERED DESIGNS

64. When a design is registered, there shall be entered in the Register, in addition to the particulars prescribed by the Act such other particulars as the Registrar may deem necessary.

65. The period under section 69 during which a design shall not be open to inspection, except as provided in that section, shall be, as regards designs in Classes 13, 14 and 15, three years, as regards designs in Classes 7 and 9, two years from the date of the registration thereof, and as regards designs in other classes, from the date of application until the registration is effected.

CANCELLATION OF REGISTRATION OF DESIGNS AND

APPLICATIONS FOR COMPULSORY LICENCES UNDER SECTION 71

66. An application for the cancellation of the registration of a design or the grant of a compulsory licence under section 71 shall be made on Designs Form 25. Such application shall be accompanied by a copy thereof and a statement in duplicate setting out fully the nature of the applicant's interest and the facts upon which he bases his case and the relief which he seeks. Copies of the application and the statement of case will be transmitted by the Registrar to the registered proprietor.

67. If the registered proprietor is desirous of opposing the appli- cation, he shall, within 14 days of the receipt of such copies or such further time as the Registrar may allow, leave at the Office a counter- statement fully setting out the grounds on which the application is to be opposed and shall deliver to the applicant a copy thereof.

68. The applicant shall, within 14 days from the delivery of such copy or within such further time as the Registrar may allow, leave at the Office evidence by way of a statutory declaration in support of his case and shall deliver to the registered proprietor a copy thereof.

69. Within 14 days from the delivery of such copy or such further time as the Registrar may allow, the proprietor may leave at the Office statutory declarations in answer and, on so leaving, shall deliver to the applicant a copy thereof and within 14 days from such delivery or within such further time as the Registrar may allow, the applicant may leave at the Office statutory declarations in reply and, on so leaving, shall deliver to the proprietor a copy thereof. Such last mentioned declaration shall be confined to matters strictly in reply.

70. No further evidence shall be delivered by either party except Cl~sing of . . . f th R . tr eVldence.by leave or on reqUIsItlon 0 e egIs ar.

71. On completion of the evidence, or at such other time as he Hearing. m.ay see fit, the Registrar shall appoint a time for the hearing of the -case, and give the parties ten days' notice at least of such appointment, and in the event of his deciding to take evidence viva voce in lieu of, or in addition to, the evidence by declaration, or to allow any de- darant to be cross-examined on his declaration, he may require the attendance of any declarant or other person whose evidence he may consider desirable. If either party does not desire to be heard, he shall as soon as possible notify the Registrar to that effect. If either party desires to be heard he must give notice to the Registrar on Designs Form 26. The Registrar may refuse to hear eitherp~ Form 26. who has not left Designs Form 26 prior to the date of the hearmg.

Form, etc., of statutory declaration.

Manner in which, and person before whom declaration is to be taken.

72. In the event of an application for the cancellation of the regi- stration of a design or grant of a compulsory licence being uncon- tested by the proprietor, the Registrar in deciding whether costs should be awarded to the applicant shall consider whether pro- -ceedings might have been avoided if reasonable notice had been given by the applicant to the registered proprietor before the ap- plication was filed.

LoST CERTIFICATE OF REGISTRATION

73. An application for a duplicate of a certificate of registration which has been lost or destroyed shall be made on Designs Form 29, and shall be accompanied by a statutory declaration setting out in full and verifying the circumstances in which the original certificate of registration was lost or destroyed.

INDUSTRIAL AND INTERNATIONAL EXHIBITIONS

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Costs on uncontested application.

Lost certificate. Form 29.

74. Any person desirous of exhibiting an unregistered design or No~i~.of any article to which an unregistered design has been applied, at an exhlbltlOn. industrial or international exhibition, which has been duly certified as such by the Minister or of publishing a description of a design during the period of the holding of such an exhibition, may give the Registrar notice, on Designs Form 27, of his intention to exhibit Form 27. the design or article or to publish a description of the design, as the case may be. For the purpose of identifying the design in the event of an application to register the same being subsequently made, the person giving such notice shall supply a brief description of the nature of the design, accompanied by a sketch, drawing, or specimen, and shall supply such other information as the Registrar may in each case require.

STATUTORY DECLARATIONS

75. The statutory declarations required by these Regulations, or used in any proceedings thereunder, shall be headed in the matter or matters to which they relate, and shall be divided into paragraphs consecutively numbered, and each paragraph shall, so far as possible, be confined to one subject. Every statutory declaration shall state the description and true place of abode of the person making the same, and shall bear the name and address of the person leaving it, and shall state on whose behalf it is left.

76. Statutory declarations shall be made and subscribed as follows:

(a) in Guyana, before any commissioner or other officer authorised by law to administer an oath for the purpose of any legal proceeding;

(b) in any other part of the Commonwealth, before any court, judge, justice of the peace, or any officer authorised by law to administer an oath there for the purpose of a legal proceeding; and

(c) if made out of the Commonwealth, before a diplomatic agent or a Consular Officer of Guyana.

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Notice of seal of officer taking declaration to prove itself.

Notice to Registrar of application to rectify Register.

Order of Court.

Form 28.

77. Any document purporting to have affixed, impressed, or subscribed thereto or thereon the seal or signature of any person hereby authorised to take such declaration in testimony of such declaration having been made and subscribed before him, may be admitted by the Registrar without proof of the genuineness of any such seal or signature, or of the official character of such person or his authority to take such declaration.

APPLICATIONS TO AND ORDERS OF THE COURT

78. Four clear days' notice of every application to the Court under section 89 for rectification of the Registrar of Designs shall be given to the Registrar.

79. Where an order has been made by the Court in any case under the Act, the person in whose favour such order has been made, or such one of them, if more than one, as the Registrar may direct, shall forthwith serve on the Registrar a certified copy of such order, together with Designs Form 28. The Register shall, if necessary, thereupon be rectified or altered by the Registrar.

SO. Whenever an order is made by the Court under the Act, the Publication Registrar may, if he thinks that the effect of such order should be c~~~~~r of made public, advertise a notice thereof in the Gazette.

DESIGNS EXCLUDED FROM PROTECTION UNDER COPYRIGHT

ACT, 1911 81. A design shall be deemed to be used as a model or pattern to be Designs ex- multiplied by any industrial process within the meaning of section 22 ~~~~:~tf~~m of the applied Act entitled the Copyright Act, 1911- under.

COPYrIght (a) when the design is reproduced or is intended to be repro- ~ct. ~n}

duced in more than 50 single articles, unless all the articles in 5. ~~46). eo. which the design is reproduced or is intended to be reproduced together form only a single set, as defined by regulation 2;

(b) where the design is to be applied to (i) printed paper hangings, (n) carpets, floor cloths or oil cloths, manufactured or sold in lengths or pieces, (iii) textile piece goods, or textile goods manufactured or sold in lengths or pieces, (iv) lace, not made by hand.

reg. 3

Page 149

FIRST SCHEDULE

FEES

The following fees shall be paid under the Act, so far as they relate to designs. Such fees must in all cases be paid before or at the time of the doing of the matter in respect of which they are to be paid.

Subject or proceeding.

1. On application to register one design to be applied to a single article in a class, not being lace, and except articles in classes 13 to 15 ...

2. On application to register one design to be applied to a set of articles in a class, not being lace

3. On application to register one design to be applied to lace ...

4. On application to register one design to be applied to a set of lace articles

5. On application to register one design in class 13 or class 14

6. On application to register one design in class 15 7. On application to Registrar to state grounds of

decision and materials used under regulation 33 8. On application for extension of time within which

an application for registration of a design may be completed-

Not exceeding one month " " two months

three months 9. On extension of period of copyright under

section 66 (2) 10. On extension of period of copyright under

section 66 (3) 11. On application for enlargement of time for pay-

ment of fee for extension of copyright- Not exceeding one month

two months " " three months

12. On joint application to enter name of subsequent proprietor, etc., made within six months from date of acquisition of proprietorship, etc.-

In respect of one design ... For each additional design

13. On joint application to enter name of subsequent proprietor, etc., made after six months from date of acquisition of proprietorship, etc.-

In respect of one design ... For each additional design

14. On application to enter name of subsequent pro- prietor, etc., under regulation 42, made within six months from date of acquisition of proprie- torship, etc.-

Amount.

S c.

500

1000

1 20

2 50

2 50 1 20

500

500 1000 15 00

2000

5000

500 10 00 15 00

500 1 20

100 00 1 20

In respect of one design ... 5 00 For each additional design ... ... 1 20

15. On application to enter name of subsequent \ proprietor, etc., under regulation 42, made after six months from date of acquisition of pro- prietorship, etc.-

In respect of one design ... 100 00 For each additional design 1 20

Corresponding form.

Designs 2.

Designs 3.

Designs 4.

Designs 5.

Designs 6. Designs 7.

Designs 8.

Designs 9. do. do.

Designs 10.

Designs 11.

Designs 12. do. do.

Designs 13.

Designs 13.

Designs 14.

Designs 14.

Page 150

Subject or proceeding.

16. On application for entry of notification of docu- ment in the register of designs, made within six months of date of document-

In respect of one design ... For each additional design

17. On application for entry of notification of document in the register of designs, made after six months from date of document-

In respect of one design ... For each additional design

18. On application of mortgagee, licensee, or other person having registered interest for removal of his name-

In respect of one design ... For each additional design

19. On application to enter change of name of regis- tered proprietor in the Register-

In respect of one design ... For each additional design

20. On application for alteration of address or address for service in the Register-

In respect of one design ... For each additional design

21. On application under section 87 to correct error 22. On application by proprietor or his representative

. for cancellation 23. On application for search under section 70 when

registration number is supplied 24. On application for search under section 70 when

registration number is not supplied ... 25. On application for search under regulation 56 26. On application for Certificate of Registrar for

legal proceedings or other special purpose ... 27. On application for cancellation or compulsory

licence under section 71 28. On notice that hearing of an application for can-

cellation or compulsory licence under section 71 will be attended

29. On notice to Registrar of intended exhibition or publication of an unregistered design

30. On notice of Order of Court for rectification of the Register

31. For duplicate of Certificate of Registration 32. Inspection of Register or design where inspection

is permitted other than inspection under the second paragraph of section 69 (1)

33. Office or photographic copy of design or docu- ments

34. For Office copy of documents, every 120 words 35. For certifying Office copies

Amount. Corresponding Form.

S c.

500 Designs 15. 1 20

100 00 Designs 15. 1 20

500 Designs 16. 1 20

500 Designs 17. 1 20

2 50 Designs 18. 50

500 Designs 19.

2 SO Designs 20.

250 Designs 21.

500 Designs 22. 500 Designs 23.

500 Designs 24.

20 00 Designs 25.

10 00 Designs 26.

2 SO Designs 27.

500 Designs 28. 500 Designs 29.

50 cost

according to agreement

20 100

reg. 4 SECOND SCHEDULE

INDEX TO FORMS

Subject.

Authorisation of agent .,. . .. Application for registration ofdesign, not being lace and except

articles in classes 13 to 15 ... Application for registration of set of designs, not being lace Application for registration of a design to be applied to lace Application for registration of design to be applied to a set of

lace articles Application for registration of design in class 13 or class 14 Application for registration of a design in class 15 Request for statement of grounds of decision under regulation

33 ... ... .,. Application for extension of time within which an application

for registration of a design may be completed Extension of copyright for second period Extension of copyright for third period Application for enlargement of time for payment of fee for

extension of copyright .,. . .. Joint request by registered proprietor and assignee, etc., to enter

the name ofassignee, etc., in the Register under regulation 41 Request to enter the name ofsubsequent proprietor, etc., in the

Register under regulation 42 ... ... '" Application for entry of notification of document in Register Application under regulation 47 to vacate entry of name of

mortgagee or licensee in Register Application to enter change of name ofregistered proprietor in

the Register Application for alteration of address or address for service in

Register ... Request under section 87 for correction of error Application by registered proprietor to cancel entry in Register Request for search under section 70 when registration number

is supplied Request for search under section 70 when registration number

is not supplied ... Request for search under regulation 56 Reque~t for certifica,te for use in legal proceedings or other

specIal purpose ... . .. ... ... . . . " . . .. Application for cancellation of registration or grant of com-

pulsory licence under section 71 Notice that hearing of application for cancellation of regis-

tration of a design or grant of compulsory licence will be ' attended ... '" I

Notice of intended exhibition or publication of an unregistered i design ... ... ... ... ... ... ... ... I

Application for entry of an Order of the Court in Register ... Application for duplicate of Certificate of Registration

Page 151

No. of I Corres- form. ponding fee.

I I

1

2 2 3 4 4 6

5 8 6 10 7 12

8 14

9 16 10 18 11 20

12 22

13 24 or 26

14 28 or 30 15 32 or 34

16 36

17 38

18 40 19 42 20 44

21 46

22 48 23 50

24 52

25 54

26 56

27 58 28 60 29 62

Page 152

DESIGNS FORM 1

Patents and Designs Act

AUTHORISATION OF AGENT

I (or We) have appointed (a). ........ ............................................................................................ (a) Here insert name and address of

................................................................................................................................................................................................ agent.

of .........................................................................................................................................................................................

to act as my (or our) agent for (b). ....................................................................................................

and request that all notices, requisitions and communications relating thereto may be sent to such agents at the above address. I (or We) revoke all previous authorisations, if any.

(b) Here state the particular purpose for which the agent is appointed.

I (or We) hereby declare that I am (or we are) a (c). ............................................... (c) Here state nationality.

(cI)................................................

Address................................................

Dated this.................................... day of .........................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

(d)To be signed by the person appointing the agent.

(a) Here insert in full the name, address and nation- ality of the applIcant or applicants.

(b) Here state the article to which the design is to be applied as shown in the representa- tions.

(c) Strike out these words if no previous registration has been effected.

(d) Signature

DESIGNS FORM 2

Patents and Designs Act

APPLICATION FOR REGISTRATION OF DESIGN (NOT BEING LACE AND

EXCEPT ARTICLES IN CLASSES 13 TO 15)

Application is hereby made for registration of the accompanying

design in Class........................, in the name of (a} .................................................:.....................

of ........................................................................................................................:.................................................................

who claims to be the proprietor thereof.

The design is to be applied to (b} ...................................................................._...................

(c) The design, with or without modifications or variations not

sufficient to alter the character, or substantially to affect the identity

thereof, has been previously registered in Classes..................................................................

under No.............................................................

My (or Our) address for service in Guyana is....:.......................................................

(d)..........................................................................................

Dated this.............................. day of ...................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

N.B.-THREE identical representations or specimens of the design should accompany this Form.

Page 153

Page 154

DESIGNS FORM 3

Patents and Designs Act

APPLICATION FOR REGISTRATION OF DESIGN TO BE APPLIED TO

A SET (NOT BEING LACE)

Application is hereby made for registration of the accompanying

design for a set of articles in Class.............................. in the name of (a) .......................

of .........................................................................................................................................................................................

who claims to be the proprietor thereof.

The design is to be applied to (b). ...............................................................................................

(c) The design, with or without modifications or variations not

sufficient to alter the character, or substantially to affect the identity

thereof, has been previously registered in Classes.............................. under

No.................................................

(a) Here insert in full the name, address, and nationality of the applicant or applicants.

(b) Here state the set of articles, and also the trade description of. each of the articles com- prised in the set to which the design is to be applied as shown in the representa- tions. (c) Strike out these words if no previous

My (or Our) address for service in Guyana is............................................................ registration has been effected.

(d)..................................................... ..................................... (d) Signature.

Dated this.............................. day of ...................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

N.B.-FoUR identical representations or specimens of the design should accompany this Form.

(a) Here insert in full the name, address, and nationality of the applicant or applicants.

(b) Strike out these words if no previous registration has been effected.

(c) Signature.

DESIGNS FORM 4

Patents and Designs Act

ApPUCATION FOR REGISTRATION OF A LACE DESIGN IN CLASS 9

Application is hereby made for registration of the accompanying

Lace design (without search) in Class 9, in the name of (a). ...................................

of ..........................................................................................................................................................................................

who claims to be the proprietor thereof.

(b) The design, with or without modifications or variations not

sufficient to alter the character, or substantially to affect the identity

thereof, has been previously registered in Classes....................................under

No.................................................

My (or Our) address for service in Guyana is............................................................

(c)..........................................................................................

Dated this.............................. day of...................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

N.B.-THREE identical representatiop.s or specimens of the design should accompany this Form.

Page 155

Page 156

DESIGNS FOR,.\f 5

Patents and Designs Act

APPLICATION FOR REGISTRATION OF A LACE DESIGN IN CLASS 9 TO BE APPLIED TO A SET

Application is hereby made for registration (without search) of the

accompanying design for a set of lace articles in Class 9, in the name of

(a)..........................................................................................................................................................................................

of ..........................................................................................................................................................................................

who claims to be the proprietor thereof.

(a) Here insert in full the name, address, and nationality of the applicant or applicants.

(b) The design, with or without modifications or variations not (b) Strike out these words if

sufficient to alter the character, or substantially to effect the identity no previous

thereof, has been previously registered in Classes.................................... under

No............. ~.................................

My (or Our) address for service in Guyana is......................................................

registration has been effected.

(c). ......................................................................................... (c) Signature.

Dated this.............................. day of...................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

N.B.-FoUR identical representations or specimens of the design should accompany this Form.

(a) Here insert in full the name, address and nationality of the applicant or applicants.

(b) Here state the kind of goods, i.e., "piece goods" or "handker- chiefs and shawls". (c) Strike out these words if no previous registration has been effected.

(d) Signature.

DESIGNS FORM 6

Patents and Designs Act

APPLICATION FOR REGISTRATION OF DESIGN IN CLASS 13 OR CLASS 14

Application is hereby made for registration of the accompanying

design in Class........................in the name of (a). .............................................................................

of ..........................................................................................................................................................................................

who claims to be the proprietor thereof.

The design is to be applied to (b). ...............................................................................................

(c) The design, with or without modifications or variations not

sufficient to alter the character, or substantially to affect the identity

thereof, has been previously registered in Classes.................................... under

No.................................................

My (or Our) address for service in Guyana is............................................................

(d)..........................................................................................

Dated this.................................... day of.........................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

N.B.-THREE identical representations or specimens of the design should accompany this Form.

Page 157

Page 158

DESIGNS FORM 7

Patents and Designs Act

APPLICATION FOR REGISTRATION OF DESIGN IN CLASS 15

Application is hereby made for registration of the accompanying (a) Here insert in full

design (without search) in Class 15, in the name of (a) ...............................................

of ..........................................................................................................................................................................................

who claims to be the proprietor thereof.

This design consists substantially of the checks or stripes only.

the name, address and nationality of the applicant or applicants.

(b) The design, with or without modifications or variations not (b) Strike out these words if

sufficient to alter the character, or substantially to affect the identity no previous

thereof, has been previously registered in Classes......... .......................... under

No.................................................

My (or Our) address for service in Guyana is............................................................

registration has been effected.

(c). ......................................................................................... (c) Signature.

Dated this.................................... day of.........................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

N.B.-THREE identical representations or specimens of the design should accompany this Form.

·Signature and address.

(a) Here insert name and full address to which receipt is to be sent.

DESIGNS FORM 8

Patents and Designs Act

REQUEST FOR STATEMENT OF GROUNDS OF DECISION UNDER

REGULATION 33

Application for Design No...................

in Class......:.................................................................

Application is hereby made under regulation 33 of the Designs

Regulations for a statement in writing of the grounds of the decision dated

the.............................. day of................................... after the hearing on the ........................day

of............................., and the materials used in arriving at such decision.

*

Dated this.............................. day of..................................., 19 ...........

To the Registrar of Patents, Designs and Trade Marks, The Patents Office,

Deeds Registry, Georgetown.

DESIGNS FORM 9

Patents and Designs Act

APPUCATION FOR EXTENSION OF TIME WITHIN WHICH AN APPUCATION

FOR THE REGISTRATION OF A DESIGN MAY BE COMPLETED

I (or We) hereby apply for........................months' extension of time within

which the application No...............................for the registration of a Design may

be completed.

(a).........................................................................................................................................................................................

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

Page 159

Page 160

DESIGNS FORM 10

Patents and Designs Act

APPLICATION FOR EXTENSION OF COPYRIGHT IN DESIGN FOR THE

SECOND PERIOD OF FIVE YEARS

I (or We) hereby transmit the prescribed fee of $20 for the extension

of the copyright in the Design No............................... in Class.............................. for a

second period of five years.

(Name*).......................................................................................... ·Here insert name and full address to

(Address).......................................................................................... which

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

[This part of the Form to be filled in at the Patent Office.]

CERTIFICATE OF EXTENSION OF COPYRIGHT IN DESIGN FOR THE

SECOND PERIOD OF FIVE YEARS

This is to certify that.................................................................................................................did

this........................day of.....................................................make the prescribed payment

of $20 for the extension of copyright in the Design No...............................

in Class..........................................for a second period of five years, and that by

virtue of such payment the copyright remains in force until the..............................

day of.........................................., 19............

The Patent Office, Deeds Registry,

Georgetown.

certificate is to be sent.

·Here insert name and full address to which certificate is to be sent.

DESIGNS FORM 11

Patents and Designs Act

APPLICATION FOR EXTENSION OF CoPYRIGHT IN DESIGN FOR THE

TmRD PERIOD OF FIVE YEARS

I (or We) hereby transmit the prescribed fee of $50 for the extension

of the copyright in the Design No...............................in Class.............................for a

third period of five years.

(Name*)..........................................................................................

(Address)..........................................................................................

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

[This part of the Form to be filled in at the Patent Office.]

CERTIFICATE OF EXTENSION OF COPYRIGHT IN DESIGN FOR THE

THIRD PERIOD OF FIVE YEARS

This is to certify that..................................................................................................................did

this..............................day of.........................................make the prescribed payment of $50

for the extension of copyright in the Design No..............................,in Class..................

or a third period of five years, and that by virtue of such payment the

copyright remains in force until the..............................day of.............................., 19............

The Patents Office, Deeds Registry,

Georgetown.

8

Page 161

Page 162

Patents and Designs Act

APPLICATION FOR ENLARGEMENT OF TIME FOR PAYMENT OF FEE FOR

EXTENSION OF COPYRIGHT IN DESIGN

I (or We) hereby apply for..............................months' enlargement of time

within which payment of the fee of $ .............................for the extension of the

copyright in Design No..............................in Class..............................may be made.

(a). .............................................................................................................................................................................

To the Registrar of Patents, Designs and Trade Marks, The Patents Office,

Deeds Registry, Georgetown.

(a) Here insert name and full address to which receipt is to be sent.

(a) Name of Registered Proprietor. (b) Address of Registered Proprietor. (c) Name and nationality of Assignee, etc. (d) Address of Assignee, etc. (e) Name of Assignee, etc. (f) Business address of Assignee, etc.

(g) Insert full particulars of instrument, if any.

(h) Signature of Retistered Proprietor. (i) Signature of Assignee, etc.

DESIGNS FORM 13

Patents and Designs Act

JOINT REQUEST BY REGISTERED PROPRIETOR AND AssIGNEE OR MORTGAGEE OR LICENSEE, ETC., TO ENTER THE NAME OF AsSIGNEE, ETC., IN THE REGISTER OF DESIGNS UNDER REGULATION 41.

We, (a).................................................................., of (b). .................................................. ..............

and (c).................................................................., of (d)....................................................................................

hereby request under regulation 41 of the Designs Regulations that the

name of (e)..................................................................................................................................................................

carrying on business at (/)........................................................................................................................

....................................................................................may be entered in the Register of Designs

as proprietor (or mortgagee, or licensee) of the Design No.....................................

in Class..........................................

The assignee (or mortgagee, or licensee) is entitled to the said design or

an interest therein in pursuance of (g)................................................................................................

The address for service in Guyana of the assignee (or mortgagee or

licensee) is..............................................................................................._.................................................................

Dated.............................. day of........................................., 19............

(h) ..........................................................................................

(i) .............................................................._.................:........

To the Registrar of Patents, Designs and Trade Marks, The Patents Office,

Deeds Registry, Georgetown.

N.B.-The instrument under which the assignee, mortgagee or licensee, etc., claims should accompany this Form.

Page 163

Page 164

DESIGNS FOR...\1 14

Patents and Designs Act

REQUEST TO ENTER NAME OF SUBSEQUENT PROPRIETOR, OR OF MORTGAGEE OR OF LICENSEE, ETC., OF DESIGN, IN THE REGISTER UNDER REGULA-'

nON 42.

I (or We) (a) ................................................................................................................................................ (a) Here insert

hereby request that you will enter my (or our) name(s) in the Register of

Designs as proprietor(s) (or mortgagee, or licensee) of the design No.............

............ in Class..............................

I am (or We are) entitled to the said design (or to an interest in the

name, address and. nationality.

said design) in pursuance of (b). ........................................................................................................... (b) Insert full . particulars of the instru-

................................................................................................................................................................................................ ment, if any.

My (or Our) address for service in Guyana is............................................................

(c).......................................................................................... (c) Signature.

Dated this.............................. day oL......................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

N.B.-The instrument under which the applicant claims should accompany this Form.

(a) Here insert a description of the nature of the docu- ment, giving its date and the names, addresses and nationality of the parties thereto. (b) Signature. (c) Here insert full address of the party benefiting under the document.

·Signature.

DESIGNS FORM 15

Patents and Designs Act

,ApPLICATION FOR ENTRY OF NOTIFICATION OF DOCUMENT

IN REGISTER OF DESIGNS

I (or We) transmit herewith a copy of (a} ..............._......................................................

relative to Design No......................... in Class........................, as well as the original document for verification, and I (or We) apply that a notification thereof may be entered in the Register.

(b)..............................................................................................................................................................................

(c) .......................................................................................................................................:....._............................,..

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

DESIGNS FO&\1 16

Patents and Designs Act

,ApPLICATION UNDER REGULATION 47 TO VACATE ENTRY OF NAME OF MORTGAGEE OR LICENSEE IN REGISTER

Design No..................................... Class.................................... Name of Registered Proprietor............................................................

Place of Business ............................................................................................... I (or We) the undersigned..................................................................................................................

of .......................................................................................................................................................................................... apply that the entry of my (or our) name in the Register of Designs as ..................................................................of the design No........................................................................in Class.................................... may be vacated.

* Dated this.................................... day of.........................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

Page 165

Page 166

DESIGNS FORM 17

Patents and Designs Act

APPLICATION TO ENTER CHANGE OF NAME OF REGISTERED PROPRIETOR OF DESIGN IN THE REGISTER

I (or We)......:.....................................................................................................................................................

hereby request that you will enter my (or our) name(s) in the Register of Designs as proprietor of the design No.............................:....... in Class ............................. as entitled to the said design.

There has been no change in the actual proprietorship of the said design, but..................................................................................................................................................................

*

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

DESIGNS FORM 18

Patents and Designs Act

APPLICATION FOR ALTERATION OF ADDRESS OR ADDRESS FOR

SERVICE IN REGISTER OF DESIGNS

Design No...............................registered in Class..................................................................

I (or We)............................................................................................................................................................ of .......................................................................................................................................................................................... the registered proprietor of the design numbered as above apply that my (or our) address [or my (or our) address for service] in the Register of Designs may be altered to........................................................................................................................

Dated this.................................... day oL......................................., 19............

* To the Registrar of Patents, Designs and Trade MarKs,

The Patent Office, .Deeds Registry,

Georgetown.

·Signature and address.

·Signature of proprietor.

(a) Here state whether in application, representa- tion or Register.

·Signature.

tAddress.

·Signature.

DESIGNS FORM: 19

Patents and Designs Act

REQUEST UNDER SECTION 87 FOR CORRECTION OF ERROR

I hereby request that the following error........................................................................

in the (a)........................................................................................................................................................................

of Design No..................................... in Class.................................... may be corrected..

* t··..····....·......·......··..·..·....··....·............·....·....·....··..··....·.......

Dated this.............................. day oL......................................, 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

DESIGNS FORM 20

Patents and Designs Act

ApPLICATION BY REGISTERED PROPRIETOR OF DESIGN TO CANCEL

ENTRY IN REGISTER

Design No................................................. Class.................................... Name of Registered Proprietor.............................................................

Address ......................................................................................................................... I (or We) the undersigned..................................................................................................................

of ........................................................................................................................................................................................... apply that the entry in the Register of Designs of the Design No.........................in. Class.................................... may be cancelled.

* Dated this ................................... day of.........................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office, .

Deeds Registry, Georgetown.

Page 167

Page 168

DESIGNS FORM 21

Patents and Designs Act

REQUEST FOR SEARCH UNDER SECTION 70 WHEN REGISTRATION NUMBER IS SUPPLIED

I (or We) hereby request that I (or we) may be given such information as I (or we) may be entitled to under section 70 of the Patents and Designs Act with respect to the design registered under the No.....................................

*

Dated this ....................................day of.........................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

DESIGNS FORM 22

Patents and Designs Act

REQUEST FOR SEARCH UNDER SECTION 70 WHEN REGISTRATION NUMBER IS NOT SUPPLIED

I (or We) hereby request that a search may be made in Class........................ in respect of the design (annexed hereto in duplicate) and that I (or we) may be given such information as I (or we) may be entitled to under section 70 of the Patents and Designs Act.

·Signature and address.

*.............................................................._......................_. ·Signature

Dated this.................................... day of.........................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

and address.

*Signature and address.

DESIGNS FORM 23

Patents and Designs Act

REQUEST FOR SEARCH UNDER REGULATION 56

I (or We) hereby request that a search may be made in Class........................

and that I (or we) may be informed whether the Design (annexed hereto in

duplicate) to be applied to........................................................................................................................

appears to be identical with or closely to resemble any registered design

applied to such goods of which the copyright is still existing.

*

Dated this.................................... day of........................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

Page 169

Page 170

DESIGNS FOR.\1 24

Patents and Designs Act

REQUEST FOR CERTIFICATE FOR USE IN LEGAL PROCEEDINGS OR

OTHER SPECIAL PURPOSE

Design No.........................................., registered in Class..................

in the name of.....................................................................................................

I (or We)............................................................................................................................................................

of ..........................................................................................................................................................................................

hereby request you to furnish me (or us) with your Certificate (a) .......................

for use in (b)...........................................................................................................................................................

*

Dated this.................................... day of.........................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

NOTE.-Where a representation of the registered design is to be attached to the Certificate a copy identical with that attached to the Certificate of Registration must accompany this Form.

(a) Here set out the particulars which the Registrar is requested to certify. (b) Here state the purpose for which the certificate is required, i.e., whether for use in legal proceedings (if so, state title of proceedings) or for what other purpose. ·Signature.

(a) and (b) Strike out the paragraph which is not applicable to the case.

·Signature.

DESIGNS FOR..\{ 25

Patents and Designs Act

APPLICATION FOR CANCELLATION OF THE REGISTRATION OF A DESIGN OR

FOR THE GRANT OF A CoMPULSORY LICENCE UNDER SECTION 71

Design No.........................in Class............

I (or We)............................................................................................................................................................

of ..........................................................................................................................................................................................

hereby apply

(a) that the registration of Design No............................... in Class........................ may be cancelled on the ground that it was published in Guyana prior to the date of registration, or

(b) for the grant of a compulsory licence on the ground that the design is applied by manufacture to an article in a country outside Guyana and is not so applied by manufacture in Guyana to such an extent as is reasonable in the circumstances of the case.

My address for service in Guyana is-

*

Dated this.............................. day of.........................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

Page 171

Page 172

DESIGNS FORM 26

Patents and Designs Act

NOTICE THAT HEARING OF ApPLICATION FOR CANCELLATION OF REG-

ISTRATION OF A DESIGN OR FOR THE GRANT OF A COMPULSORY LICENCE WILL BE ATTENDED.

(a) I (or We).............................................................................................................................................. (a)Hereinsert in full namehereby give notice that the hearing in reference to the application (b) to and address.

cancel the registration (c) for the grant of a compulsory licence in respect of (b) and (c) D . . Cl '11 b d d b 1£ Strike out theeSIgn No............................... In ass............................. WI e atten e y myse words which (or ourselves) or by some person on my (or our) behalf. are ~ot

applIcable to (d).......................................................................................... the case.

Dated this...... ....................... day of.........................................., 19............

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

DESIGNS FORM 27

Patents and Designs Act

NOTICE OF INTENDED EXHIBITION OR PuBLICATION OF AN

UNREGISTERED DESIGN

(a) I (or We}.......................................................................................................................................

hereby give notice of my (or our) intention to (b) exhibit or publish a description of the design, or article, a representation of which is attached, at, or during the period of the holding of the ...............................................Exhibition which (c).......................................... on.......................................... 19 ........... under the provisions of the Patents and Designs Act.

(d).............................................................................................................................................................................

..........................................herewith enclose a......................................................................................................

(e) .......................................................................................

Dated this ............................ day of...................................:..... , 19 ...........

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

Cd) Signature.

(a) Here state name, address and nationality of applicant. (b) Strike out words which are inap- plicable. (c) State "opened" or "is to open". (d) Insert brief description of design, and furnish sketch, drawing or specimen. (e) Signature.

(a) Here state (in full) name and address of applicant.

(b) Here state the purport of the order.

(c) Signature and address.

Page 173

DESIGNS FORM 28

Patents and Designs Act

APPUCATION FOR ENTRY OF ORDER OF THE COURT IN REGISTER

Design No .................................... in Class.................. (a) I (or We)................................................................................................................................................

hereby transmit a certified copy of an Order of the Court with reference to (b). .........................................................................................................................................................................................

(c) .........................................................................................

Dated this............................. day of.........................................., 19 ...........

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

DESIGNS FORM 29

Patents and Designs Act

APPUCATION FOR DUPUCATE OF CERTIFICATE OF REGISTRATION

OF DESIGN

I (or We) have to inform you that the Certificate of Registration of (a) Here insert Design No............................... in Class.............................. has been (a). ......................................... the word "lost" or "destroyed", as the case may be, and state in full the circum- stances of the case which must be verified by statutory declaration. (b) Here state interest possessed by applicant in the design. (e) Signature and address.

.................................................................................................................................................; ••••••••••••••••••• n ..........................

I (or We) therefore apply for the issue of a duplicate of such certificate (b) ..........................................................................................................................................................................................

(c) ..........................................................................................

Dated this.............................. day of.........................................., 19............ . , .

To the Registrar of Patents, Designs and Trade Marks, The Patent Office,

Deeds Registry, Georgetown.

Page 174

THIRD SCHEDULE

CLASSIFICATION OF GOODS

CLASS I.-Articles composed wholly of metal or in which metal predominates, and jewellery.

CLASS 2.-Books and Bookbinding of all materials.

CLASS 3.-Articles composed wholly of wood, bone, ivory, papier mache, or other solid substances not included in other classes, or of materials in which such· substances predominate.

CLASS 4.-Articles composed wholly of glass, earthenware, or porcelain, clay (burnt or baked), or cement or in which such materials predominate.

CLASS 5.-Articles composed wholly of paper, cardboard, mill- board or straw-board (except articles included in Class 2, and paper- hangings) or in which such materials predominate.

CLASS 6.-Articles composed wholly of leather or in which leather predominates, not included in other classes.

CLASS 7.-Paper hangings.

CLASS 8.-Carpets, rugs and floor coverings, in all materials.

CLASS 9.-Lace.

CLASS lO.-Boots and shoes.

CLASS 11.-Millinery and wearing apparel (except boots and shoes).

CLASS 12.-Goods not included in other classes.

CLASS 13.-Printed or woven designs on textile piece goods (other than checks or stripes).

CLASS l4.-Printed or woven designs on handkerchiefs and shawls (other than. checks or stripes).

CLASS 15.-Pr.t1lted or woven designs on textile piece goods or on handkerchiefs or shawls being checks or stripes.

reg. 6