(1)
Where registration of a design is granted to two or more persons
jointly, each of them shall, in the absence of an agreement to the
contrary, be entitled to an equal undivided share in the registered
design.
(2)
Subject to the provisions of subsections (4) and (6), a joint registered
proprietor shall, in the absence of an agreement to the contrary and in
the absence of consent of the other joint registered proprietor or
proprietors, not be entitled—
(a)
to perform any of the acts reserved exclusively for a registered
proprietor in section 20;
(b)
to grant a licence or to assign the whole or any part of his
interest in the registered design; or
(c)
to take any steps or institute any proceedings relating to the
registered design:
Provided that he may pay any renewal fee that is payable without
recourse to any other joint registered proprietor.
(3)
(4)
Where an article embodying a registered design or a design not
substantially different from the registered design is disposed of by a
joint registered proprietor, the acquirer or any person claiming through
him shall be entitled to deal with it in the same manner as if the article
had been disposed of by the registered proprietors jointly.
Any joint registered proprietor may institute proceedings for
infringement and shall give notice thereof to every other joint
registered proprietor, and any such other joint registered proprietor
may intervene as co-plaintiff and recover any damages in respect of
any damage he may have suffered as a result of the infringement.
(5)
If in any proceedings under subsection (4) damages are awarded to a
plaintiff, damages shall be awarded to him as if he were the sole
registered proprietor, and the defendant shall not be obliged to
compensate any other joint registered proprietor in respect of the
infringement in question.
(6)
Where any dispute arises between joint registered proprietors as to
their respective rights in or to the registered design, the institution of
proceedings relating to the registered design or the manner in which
they should deal with the registered design, any joint registered
proprietor may apply to the court to decide the matter in dispute.
(7)
If in considering any application under subsection (6) the court is
satisfied that a joint registered proprietor, not being obliged thereto, is
unable or unwilling to remain a registered proprietor, the court may
order him to assign his rights to any other joint registered proprietor
able and willing so to remain: Provided that where it appears to the
court to be just and equitable, it may order the payment of
compensation to the joint registered proprietor who is so ordered to
assign his rights.