Registered Designs Act 2000 · 2020 Revised Edition · Part 2 · Registration of Designs
27. Revocation of registration
Feedback & supportAt any time after a design has been registered, any interested person may apply to the Registrar or the Court for the revocation of the registration of the design on the ground that the design was not, at the date of its registration, new, or on any other ground on which the Registrar could have refused to register the design; and the Registrar may make such order on the application as the Registrar thinks fit.
design
“design” means features of shape, configuration, colours, pattern or ornament applied to any article or non‑physical product that give that article or non‑physical product its appearance, but does not include —(a)a method or principle of construction;(b)features of shape, configuration or colours of an article or a non‑physical product that —(i)are dictated solely by the function that the article or non‑physical product has to perform;(ii)are dependent upon the appearance of another article or non‑physical product of which the article or non‑physical product is intended by the designer to form an integral part; or(iii)enable the article or non‑physical product to be connected to, or placed in, around or against, another article or non‑physical product, so that either article or non‑physical product may perform its function; or(c)features consisting only of one or more colours that —(i)are not used with any feature of shape or configuration; and(ii)do not give rise to any feature of pattern or ornament;
At any time after a design has been registered, any interested person may apply to the Registrar or the Court for the revocation of the registration on the ground that —
Registrar
“Registrar” means the Registrar of Designs referred to in section 49 and includes any Deputy Registrar of Designs referred to in that section;
the design was at the time it was registered a corresponding design in relation to an artistic work in which copyright subsisted; and
the right in the registered design has expired in accordance with section 22(1),and the Registrar may make such order on the application as the Registrar thinks fit.
If proceedings concerning a design are pending in the Court, an application for the revocation of its registration must be made to the Court.
If an application for the revocation of the registration of a design is made to the Registrar, the Registrar may at any time refer the application to the Court.
An application to the Registrar for the revocation of the registration of a design must be made in the prescribed manner and be accompanied by the prescribed fee.
A revocation takes effect —
in the case of a revocation under subsection (1), from the date of registration; and
in the case of a revocation under subsection (2), from the date on which the right in the registered design expired.
The Minister may make rules to provide for revocation proceedings before the Registrar and for matters relating thereto.