15. A notice of a proceeding relating to an application or registered design that is sent to, or served on, a representative for service has the same effect as if it were sent to, or served on, the applicant or the registered proprietor.

• 16. (1) Subject to subsection (2), an applicant may request an amendment to an application at any time before the registration of a design by submitting information and material in support of the amendment to the Commissioner.

• (2) The Commissioner may not accept an amendment to an application that would substantially alter the design to which the application relates.

17. A request under subsection 5(4) of the Act for the reinstatement of an application must be made within six months after the date on which the application was considered abandoned under subsection 5(3) of the Act.

• 18. (1) The registered proprietor must, before the expiry of the five-year period beginning on the date of the registration of the design, pay the fee set out in column 2 of item 2 of Schedule 2 to maintain an exclusive right conferred by the registration of the design.

• (2) If the registered proprietor does not comply with subsection (1), the registered proprietor may, on request to the Commissioner, maintain the exclusive right conferred by the registration of the design if the registered proprietor

  • (a) makes the request within six months after the expiry of the five-year period beginning on the date of the registration of the design; and

  • (b) pays the fees set out in column 2 of items 2 and 3 of Schedule 2.

19. An assignment or licence granting an interest in a design that is presented to be recorded against the design under section 13 of the Act must be accompanied by the applicable fees set out in column 2 of item 4 of Schedule 2 and by evidence that establishes that the person in whose name the interest is to be recorded is the assignee or licensee, which evidence may include an affidavit or a copy of a document effecting the assignment or licence.

• 20. (1) A request for priority filed within the six months specified in subsection 29(1) of the Act must be made in writing and indicate the date the application for registration of the design was first filed in or for the foreign country, the name of the country and the number assigned by that country to the application.

• (2) If, at any time before the registration of the design for which priority is sought, an application is made for a design that is identical to or so closely resembles the design as to be confounded with it, the Commissioner must so advise in writing the applicant who is requesting priority and request that the applicant provide the following documents

  • (a) a certified copy of the foreign application on which the request is based; and

  • (b) a certificate from the office in which the application referred to in paragraph (a) was filed showing the date of its filing therein.

• (3) The request for priority is suspended until the certified copy and the certificate have been filed.