(1) Where the Registrar finds that the conditions referred to in sections 3 and 4(4) are fulfilled, he or she shall register the industrial design, publish a reference to the registration and issue to the applicant a certificate of registration of the industrial design.
(2) Despite subsection (3), where a request has been made under section 6(8) for deferment of publication, no representation of the design nor any file relating to the application shall be open to public inspection, and the Registrar shall publish a notice of deferment containing information identifying the registered owner, the filing date of the application, the length of time of which deferment has been requested and any other prescribed particulars.
(3) During the period of deferment of publication, legal proceedings on the basis of a registered industrial design may not be instituted unless the information contained in the Register and in the file relating to the application has been communicated to the person against whom the action is brought.
(4) At the expiry of the period of deferment, the Registrar shall publish the registered industrial design.