which an application for registration is pending, made for the services of
the State(a)
by a Government department or a person authorised by the
Minister under section eighteen; or
(b)
by the registered proprietor or applicant for registration to the
order of a Government department;
the provisions of any licence, assignment or agreement made, whether
before or after the commencement of this Act, between the registered
proprietor or applicant for registration or any person who derives title
from him or from whom he derives title and any person other than a
Government department, shall be of no effect so far as those provisions
restrict or regulate the use of the design, or any model, document or
information relating thereto, or provide for the making of payments in
respect of any such use, or calculated by reference thereto; and the
reproduction or publication of any model or document in connection
with the said use shall not be deemed to be an infringement of any
copyright subsisting in the model or document.
(3) Where an exclusive licence granted otherwise than for royalties or
other benefits determined by reference to the use of the design is in force
under the registered design, then(a)
in relation to any use of the design which, but for the provisions
of this section and section eighteen, would constitute an infringement of
the rights of the licensee, subsection (3) of section eighteen shall have
effect as if for the reference to the registered proprietor there were
substituted a reference to the licensee; and
(b)
in relation to any use of the design by the licensee by virtue of an
authority given under section eighteen, that section shall have effect as if
subsection (3) thereof were omitted.
(4) Subject to the provisions of subsection (3), where the registered
design or the right to apply for or obtain registration of the design has
been assigned to the registered proprietor in consideration of royalties or
other benefits determined by reference to the use of the design, then(a)
in relation to any use of the design by virtue of section eighteen,
subsection (3) of that section shall have effect as if the reference to the
registered proprietor included a reference to the assignor, and any sum