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Section 21

Deferment of publication

(1) When filing the application, the deferment of publication of the representation may be requested for a period of 30 months following the date of filing of the application. Upon such request, the publication is confined to the registration of the design in the Register.

(2) The protection may be extended to the term of protection referred to in section 27 (2) if the right holder pays the extension fee in accordance with section 5 (1) sentence 1 of the Patent Costs Act within the deferment period. Where use has been made of the possibility referred to in section 11 (2) sentence 2, a representation of the design is also to be submitted within the deferment period.

(3) Publication together with the representation as referred to in section 20 is to be subsequently done together with a reference to the publication as referred to in subsection (1) sentence 2 upon the expiry of the deferment period or, upon request, at an earlier date.

(4) The term of protection ends upon expiry of the deferment period, unless protection is extended in accordance with subsection (2). In the case of registered designs which were registered on the basis of a multiple application, the subsequent publication may be restricted to individual registered designs.

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