706. Grounds for invalidity of registration of a current design.

The registration of a current design1 may be declared invalid:

  1.  

    (1)     on the ground that it does not fulfil the requirements of the statutory definition of design2;

  2.  

    (2)     on the ground that it does not fulfil the requirements of the statutory provisions relating to novelty, technical function and public policy3; or

  3.  

    (3)     where any statutory ground of refusal applies4.

The registration of a design (the later design) may be declared invalid if it is not new or does not have individual character when compared to a design which:

  1.  

    (a)     has been made available to the public on or after the

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