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Designs Act, 1993 (Act No. 195 of 1993)

46. Minister may require designs to be kept secret in certain circumstances

 

 

(1) If the Minister is of opinion that in the national interest an application or any other document relating to any design should be kept secret, he may order the registrar to keep the design secret and to notify the applicant accordingly.

 

(2) Whenever any order issued by the Minister under this section is withdrawn, any steps which were prior to the date of that order taken under this Act in connection with the application which was the subject of that order, and which were interrupted in consequence of that order, may be proceeded with as if the interruption had not occurred, and any period which may have elapsed between the date on which that order was lodged with the registrar and the date of withdrawal thereof shall not be taken into account in the computation of any period of time prescribed by or under this Act.

 

(3) If the proprietor of a design has suffered loss or damage by reason of that design having been kept secret in pursuance of an order under subsection (1), the Minister shall pay to him such reasonable compensation as may be agreed upon or as may, in default of agreement, be determined by arbitration or, if the parties so agree, by the court.