Section 15 Patents and Designs Act 1971

Section 15 of the Patents and Designs Act 1971 is about Applications for registration. It is under ‘Designs’ of the Act. It provides as follows:

(1) An application for the registration of an industrial design shall be made to the
registrar and–
(a) shall contain-
(i) a request for registration of the design;

(ii) the applicant’s full name and address and, if that address is outside Nigeria, an address for service in Nigeria;

(iii) a specimen of the design or a photographic or graphic representation of
the design with any printing block or other means of reproduction from
which the representation was derived;

(iv) an indication of the kind of product (or, where a classification has been
prescribed, the class of product) for which the design will be used; and
(v) such other matter as may be prescribed; and

(b) shall be accompanied by–
(i) the prescribed fee;

(ii) where appropriate, a declaration signed by the true creator requesting
that he be named as such in the register and giving his name and address; and
(iii) if the application is made by an agent, a signed power of attorney (so
however that, notwithstanding any rule of law, legalisation or certification of the signature of the power of attorney shall be unnecessary).

(2) A single application may relate to any number of industrial designs not exceeding fifty, if the products to which the designs relate are of the same kind or, where a classification has been prescribed, of the same class.

(3) Where an applicant for the registration of an industrial design seeks to avail himself of a foreign priority in respect of an earlier application made in a country outside Nigeria-
(a) he shall append to his application under subsection (1) of this section a written
declaration showing-
(i) the date and number of the earlier application;
(ii) the country in which the earlier application was made; and
(iii) the name of the person who made the earlier application; and

(b) not more than three months after the making of the application under subsection (1) of this section, he shall furnish the registrar with a copy of the earlier application certified correct by the Industrial Property Office (or its equivalent) in the country where the earlier application was made.

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