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

Regulations

Designs Regulations, 1999

9. Classification

 

 

(1) For the purposes of the registration of aesthetic and functional designs in accordance with the Act and these regulations, articles to which designs may be applied shall be classified in accordance with the classification in Schedule 3 hereto, and such classification shall determine the class or classes in which an application for the registration of a design to be applied to particular articles is to be filed.

 

(2) In the case of doubt as to the class or classes to which any particular article or description of articles belong and in which an application for the registration of a design to be applied to such article or articles is to be filed, the registrar shall determine such class or classes. A request for such determination as to class shall be lodged on Form D9.

 

(3) For the purposes of classifying articles in accordance with Schedule 3 hereto and of interpreting this Schedule, reference shall be had to the International Classification of Industrial Designs, originally adopted by the Locarno Union in 1971, as subsequently amended and put into force on 1 January 1989 including the explanatory notes and the lists of articles and goods contained therein.

 

(4) In the event of the International Classification of Industrial Designs being further amended at any future time, the registrar shall decide if such amendment is to be applicable for the purposes of subregulation (3) above, and shall in that case, to the extent that such amendment may necessitate an amendment of Schedule 3 hereto, so amend Schedule 3.