design by registered letter to take legal action for civil or penal remedies
for infringement of rights conferred by section 25 on the registered owner.
(2) Unless otherwise provided for in the license a registered licensee, may
if the registered owner refuses or neglects to take the requisite legal
action within three months from such request, either claim damages from
the registered owner if it is proved to the Court that the rights conferred
by section 25 have been infringed or after warning the registered owner,
take such action on his behalf and without prejudice to the rights of the
registered owner to intervene in those proceedings. The licensee shall be
responsible to the registered owner to intervene in those proceedings. The
licensee shall be responsible to the registered owner for any damage that
may be incurred by him as a consequence of the unauthorized action of
the license.
41. (1) The Courts shall have jurisdiction to hear disputes arising out of
the application of this Act, and in particular appeals against the decisions
of the Industrial Designs Office, the right to legal protection, the
determination of payment to designer employees, licenses and the
avoidance of registrations and the infringement of rights in industrial
designs.
(2) The competent Court shall be the Court of the domicile of the
defendant but if he resides abroad the competent Court shall be the Court
in the Jurisdiction of which the Industrial Designs Office is situate.
(3) Decisions of the Court shall be subject to appeal and cassation
according to the Civil Procedure Act, 1974.
42. In case of the commission of an offence under this Act by any
corporate body, any person who is a manager, general manager, or
secretary or like official is a corporate body or is acting as such at the time
of the commission of the offence, shall be deemed to commit it unless
proved that the commission of the offence was without his consent of
connivance and that he had taken the necessary measures to prevent it
taking into consideration the nature of his work and the surrounding
circumstances.
43. The Ministry may make rules for the implementation of the provisions
of this Act, and without prejudice to the generality of this power those
rules may provide for the matters referred to in section 4, 15, 17, 21 (1),
22 (5), 27 (3), and 29 (3).