17.  (1) For the purposes of  these Regulations, any composition of lines or colours or any three dimensional form, or any material, whether or not associated with lines or colours, is deemed to be an industrial design, provided that such composition, form or material gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft, and appeals to and is judged by the eye.

(2) The protection under these Regulations does not extend to anything in an industrial design which   serves solely to obtain a technical result and to the extent that it leaves no freedom as regards arbitrary features of appearance. 

Registrable Industrial Designs

18.

(1) An industrial design is registrable if it is new.
 
(2)  An industrial design shall be new if it has not been disclosed to the public in Bhutan by publication in tangible form or by use or in any other way, prior to the filing date or, where applicable ,the priority date of the application for registration.  Section 5(2)(c) shall apply mutatis  mutandis.

(3)  Industrial designs that are contrary to public order or morality shall not be registrable.

Right to Registration of Industrial Design; Naming of Creator

19.  Section 6 shall apply mutatis mutandis.

Application

20.

(1) The application for registration of an industrial design shall be filed in the prescribed manner with the Registrar and shall contain a request, drawings, photographs or other adequate graphic representations of the article embodying the industrial design and an indication of the kind of products for which the industrial design is to be used.  It may be accompanied by a specimen of the article embodying the industrial design, where the industrial design is two dimensional.  The application shall be subject to the payment of the prescribed application fee.

(2)  Where the applicant is not the creator, the request shall be accompanied by a statement justifying the applicant’s right to the registration of the industrial design.

(3)  Section 9 shall apply mutatis mutandis.

(4)  Two or more industrial designs may be the subject of the same application, provided they relate to the same class of the International Classification or to the same set or composition of articles.

(5)  The application, at the time of filing, may contain a request that the publication of the industrial design, upon registration, be deferred for a period not exceeding 12 months from the date of filing or, if priority is claimed, from the date of priority, of the application.

(6)  The applicant may withdraw the application at any time during its pendency.

Examination; Registration and publication of Industrial Design 

21.

(1) The Registrar shall accord as the filing date the date of receipt of the application, provided that, at the time of receipt, the application contains indications allowing the identity of the applicant to be established and the required graphic representation of the article embodying the industrial design. Section 11(1) (b) shall apply mutatis.
 
(2)  After according a filing date, the Registrar shall examine whether the application complies with the requirements of Section 20(1) and (2) and the Rules pertaining thereto, whether the application fees has been paid and whether the industrial design complies with the requirements of sections 17 and 18 (3) and the Rules pertaining thereto.

(3)  Where the Registrar finds that the conditions referred to in subsection (2) hereof are fulfilled, he shall register the industrial design, publish a reference to the registration and issue to the applicant a certificate of registration of the industrial design; otherwise, he shall refuse the application.

(4)  (a) Notwithstanding subsection (3), where a request has been made under Section 20(5) for deferment of publication, upon registration of the industrial design, neither the representation of the design nor any file relating to the application shall be open to public inspection.  In this case, the Registrar shall publish a mention of the deferment of the publication of the Industrial design and information identifying the registered owner, and indicating the filing date of the application, the length of the period for which deferment has been requested and any other prescribed particulars.

(b)  At the expiry of the period of deferment, the Registrar shall publish the registered industrial design.

(c)  The institution of legal proceedings on the basis of a registered industrial design during the period of deferment of publication shall be subject to the condition that the information contained in the Register and in the file relating to the application has been communicated to the person against whom the action is brought.

Right Conferred by Registration; Duration; Renewal

22.

(1) The exploitation of a registered industrial design in Bhutan by person other than the registered    owner shall require the agreement of the latter.

(2)  For the purposes of these Regulations, “exploitation” of an registered industrial design means the making, selling or importation of articles incorporating the industrial design.

(3)  Section 13 (4) (a) (i) shall apply mutatis mutandis.

(4)  The registered owner of an industrial design shall, in addition to any other rights, remedies or actions available to him, have the right to institute Court proceedings against any person who infringes the industrial design by performing, without his agreement , any of the acts referred to in subsection (2) or who performs acts which make it likely that infringement will occur.

(5)  The registration of an industrial design shall be for a period of five years from the filing date of application for registration.  The registration may be renewed for two further consecutive periods of five years through the payment of the prescribed fee. A period of grace of six months shall be allowed for the late payment of the renewal fee on payment of the prescribed surcharge.

Invalidation

23.  (1) Any interested person may request the Court or the Registrar to invalidate the registration of an industrial design.

(2)  The Court or the Registrar shall invalidate the registration if the person requesting the invalidation proves that any of the requirements of Section 17 and 18 is not fulfilled or if the registered owner of the industrial design is not  the creator or his successor in title.

(3)  Section 16(3) and (4) shall apply mutatis mutandis.

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