DPN 4/06: Facilitating restoration of lapsed registrations
Published 20 November 2007
The new system allows greater flexibility where the registration of a design lapses due to an administrative error.
If the applicant for restoration is able to show in evidence that the failure to pay the renewal fee on time was unintentional, then he is unlikely to be asked provide more detailed evidence to support his case, unless the registrar deems it necessary to do so.
Form DF30 has been abolished and so applications for restoration may be made by filing only a Form DF29 only, with the fee for that form (as well as the renewal fees payable). This differs from the old system where an application for restoration would only be granted if the proprietor could show, through evidence, that his failure to renew the registration occurred despite him having taken reasonable steps to extend the protection.
The new restoration procedures apply to any application for restoration made after 1 October 2006 regardless of whether the design was applied for before or after that date.