Industrial Design
[No. 22 of 2016
553
(2) The use of the registered design, in accordance with in
section eighty-five, shall not be assignable or exclusive.
88. (1) Where a registered design is used by the Government
or an authorised person, the proprietor shall be paid, within a
prescribed period, by the Government or the authorised person,
such remuneration as may be considered equitable compensation,
with regard to all the circumstances, including the economic value
of the registered design.
Compensation
of proprietor
for use of
registered
design
(2) A proprietor aggrieved with the amount of compensation,
paid in accordance with subsection (1), may, within three months
of being paid the compensation, appeal to the court.
PART XV
OFFENCES
89. (1) A person commits an offence if the person makes a
die, block, machine or instrument
(a) knowing that it is likely to be used for, or in the course of
committing an offence against a design; or
(b) whether or not it is likely to be used for, or in the course
of, committing an offence against design.
Manufacture
and
possession
of die for use
in
commission
of offence
(2) A person commits an offence if the person possesses or
disposes of—
(a) a die, block, machine or instrument; or
(b) a representation of a registered design knowing that, or
reckless of whether or not, the die, block, machine,
instrument, computer, device or representation is likely
to be used for, or in the course of, committing an offence.
(3) For the purposes of subsection (1), strict liability shall apply
to the physical element of the offence.
90. A person who describes or holds out, or permits another to
describe or hold out as a patent agent when not duly registered, in
accordance with the Patents Act, 2016, commits an offence and is
liable, upon conviction, to a fine not exceeding two hundred thousand
penalty units or to imprisonment for a term not exceeding two years
or to both.
Holding out
as patent
agent
91. Where an offence in accordance with this Act is committed
by a body corporate or unincorporated body, every director or
manager of the body corporate or unincorporated body shall be
liable, on conviction, as if the director or manager had personally
committed the offence, unless the director or manager proves to
Offences by
body
corporate or
unicorporate
body