Textile Designs (Registration) ACT, 1973 (NRCD 213)
Section 6: (1) When an application for registration of a textile design has been accepted whether absolutely or subject to conditions or limitations, the Registrar shall, as soon as possible cause notice of the acceptance of the application to be published in the Gazette.
(2) Any person may, within the prescribed time from the date of the gazette notice of an application, give notice to the Registrar of his opposition to the registration.
(3) The notice referred to in subsection (2) of this section shall be giveb in writing in the prescribed manner, and shall include a statement of the grounds of such opposition.
(4) The Registrar shall send a copy of the notice to the applicant, who shall within the prescribed time, send to the Registrar in the prescribed manner a counter-statement stating the grounds on which he relies for his application, and if he does not do so, he shall be deemed to have abandoned the application.
(5) If the applicant sends a counter-statement under subsection (4) of this section, the Registrar shall furnish a copy thereof to the person giving notice of opposition and shall, after hearing the parties, if so requested, and considering the evidence, decide whether, and subject to what conditions or limitations, if any registration is to be permitted and shall notify the applicant and the opponenrt accordingly.
(6) The applicant or the opponent may, subject to the provisions of the section, appeal to the Court against the decision of the Registrar.
(7) A person desiring to appeal against a decision of the Registrar under this section must apply to the Registrar within the prescribed time after the date of notification of the decision of the Registrar, for a written statement of the grounds of his decision.
(8) On the appeal the Court may hear the parties and the Registrar and shall make an order determining whether, and subject to what conditions or limitations, if any, registration is to be permitted.
(9) Except by leave of the Court, no appeal against a decision of the Registrar under this section shall be made except within a period of two months from the date of dispatch to the applicant of the statement in writing referred to in subsection (7) of this section or within such further period not exceeding three months as the Registrar may allow upon request received before the expiration of the said period of two months.
(10) On the hearing of an appeal against a decision of the Registrar under this section any party may, by special leave of the Court, bring forward further material for the consideration of the Court.
(11) On appeal against a decision of the Registrar under this section no further grounds of objection to the registration of a textile design shall be allowed to be taken by the opponent or the Registrar, other than those stated under subsection (3) of this section by the opponent, except by leave of the Court.
(12) Where any further grounds of objection are taken under subsection (11) of this section the applicant is entitled to withdraw his application without payment of the costs of the opponent on giving the prescribed notice.
(13) On appeal against a decision of the Register under this section the Court nay, after hearing the Registrar, permit the textile design proposed to be registered to be modified in any manner not affecting substantially the identity thereof, and thereafter the modified textile design shall be registered subject to the provisions of Decree.
Procedure to Follow
Procedure for handling appeals...
Responsible Institution
Near Gulf Hse. Okponglo Accra
- Email: gsanep@gsa.gov.gh
- Website: www.gsa.gov.gh
- GPS: GA-288-5605
- Telephone: (+233-302) 506991-5 / 500065/6
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