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Industrial Property - International Registration Under The Hague Agreement Ss 6063

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60.     Examination and refusal of protection, etc.

            (1) Where the Registrar finds that a design that is the subject of an international registration designating Botswana does not satisfy the requirements for protection under this Act, the Registrar shall notify, within six months, a refusal of protection to the International Bureau in accordance with the relevant provisions of the 1999 Act and the Common Regulations.

            (2) Where a design is refused under subsection (1), the holder of the international registration concerned shall enjoy the same remedies as if the design had been the subject of an application for registration filed directly in Botswana.

61.     Effects of an international registration

            (1) An international registration of an industrial design that contains a designation of Botswana shall have the same effects, as from the date of the international registration, as an application for registration filed with the Registrar in Botswana under this Act.

            (2) If no refusal has been notified by the Registrar to the International Bureau in terms of section 60, or if a refusal was notified but subsequently withdrawn, the international registration shall have the same effect, from the date of the international registration, as if the registration of the industrial design has been granted directly by the Registrar in Botswana under this Act.

62.     Invalidation of internationally registered design

            Where the effect of an international registration is invalidated in Botswana, in part or in whole, and the invalidation is no longer subject to appeal, the Registrar shall, to the extent that he or she is aware of the decision of invalidation, notify the International Bureau in accordance with the relevant provisions of the 1999 Act and the Common Regulations.

63.     Recordings in the International Register

            Any recording made in the International Register in respect of an international registration, and affecting Botswana as a designated Contracting Party, shall have the same effects as if it had been made in the register of industrial designs of Botswana.