or, if priority is claimed, the earliest validly claimed priority date and leads to the grant of a
certificate of registration of the industrial design shall have the right to the registration of the
industrial design.
(4) The right to the registration of an industrial design may be assigned, or may be
transferred by succession.
(5) Where an industrial design is made in execution of an employment contract, the
right to the registration of the industrial design shall belong, in the absence of contractual
provisions to the contrary, to the employer.
(6) When an industrial design is made in execution of a commission or an employment
contract, the right to the registration of the industrial design shall belong, in the absence of
contractual provisions to the contrary, to the person having commissioned the work or to the
employer, as the case may be.
(7) When the industrial design has an economic value much greater than the parties
could have reasonably foreseen at the time of concluding the contract, the person who created
the industrial design shall have a right to equitable remuneration, which shall be determined
by the court in the absence of agreement between the parties.
(8) Notwithstanding subsections (6) and (7), when an employee, whose employment
contract does not require him to engage in inventive activity, makes, in the field of activities
of his employer, an industrial design by using data or means available to him through his
employment, the right to registration of that industrial design shall belong, in the absence of
contractual provisions to the contrary, to the employer.
Provided that the employee shall have a right to equitable remuneration taking into
account his salary, the economic value of the industrial design and any benefit derived from
the creation of such industrial design by the employer. In the absence of agreement between
the parties, the remuneration shall be determined by the court.
(9) Any contractual provision which is less favourable to the creator of the industrial
design than the provisions of this section shall be null and void.
(10) The creator of the industrial design shall be named as such in the registration of
the industrial design unless, in a special written declaration addressed to the Registrar, he
indicates that he wishes not to be named. Any promise or undertaking by the creator made to
any person to the effect that he will make such a declaration shall be without legal effect.
Application
22.—(1) The application for registration of an industrial design shall be filed with the
Registrar and shall contain a request, drawings, photographs or other adequate graphic
representations of the article embodying the industrial design and an indication of the kind of
products for which the industrial design is to be used. It may be accompanied by a specimen
of the article embodying the industrial design and shall be accompanied by the payment of the
prescribed fee.
LESOTHO
Industrial Property Order, 1989 (Order No. 5 of 1989, as last amended by Act No. 4 of 1997)
[LS 1-001]
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