recognized exhibition.
(4) An industrial design shall not be considered as new because it contains
minor difference from preceding industrial designs, or because it related to
process different from that to which the other industrial designs are
related.
9. The provisions on international conventions whether bilateral or
multinational to which the democratic Republic of the Sudan is or will
become a party shall be applied to regulate the right of the nationals of
member states to such conventions or their representatives.
10. Foreigners who do not come under the preceding section shall have
the same rights as citizens, so long as no order is made by the Minister,
suspending the application of these provisions to the nationals of a
country or like persons on the ground that such country does not give
reciprocal treatment.
Part Four: Right to Legal Protection
11. (1) Subject to the provisions of section 13 a designer or his successor
shall have the right to ask for legal protection.
(2) If two persons jointly create an industrial design, the right
protection shall vest in them or in their successors jointly. But
has merely assisted in the creation of an industrial design and
no contribution of a creative nature he shall not be deemed to
designer.
of legal
if a person
has made
be a co
(3) Any person, who is first to file an application for registration of an
industrial design, or the first person to claim a right to an industrial design
in a foreign country shall, subject to the provisions of sections 12 and 13,
be deemed to be the designer or his successor.
12. (1) If the essential elements of an industrial design, the subject of an
application, have been obtained from a design of another person without
the consent of that person on the filing of such application, the rightful
owner may request that the registration or the application be transferred
to his name.
(2) The original designer of an industrial design, may give his consent
subsequent to the filing of an application, and shall be deemed to have
given it on the date of the filing of the application.
13. (1) Subject to the provisions of this Act, in private contracts providing
for the making of a specific design and in the absence of a provision to the
contrary, the ownership of an industrial design made in execution of such
a contract shall be the property of the person who was asked to do it or
the property of his employer.