No. 4907
Act No. 1, 2012
Government Gazette 23 March 2012
65
INDUSTRIAL PROPERTY ACT, 2012
contrary, equal undivided shares in the application, and none of them may without the
consent of the other joint applicant or applicants deal in any way with the application,
but if any proceedings are required to save the application from becoming abandoned,
any applicant may institute such proceedings on behalf of himself or herself and any
other joint applicant.
(2)
If any dispute arises between joint applicants as to their respective
rights in and to an application for a design or as to the manner in which the application
is to be proceeded with or the manner in which they may deal with the application or
exploit the invention, any such joint applicant may apply to the Tribunal to decide the
matter in dispute.
(3)
Unless the Tribunal otherwise directs, the person who makes as
applications in terms of subsection (2) is liable for all costs and expenses incurred in
respect of proceedings in terms of that subsection.
(4)
If the Tribunal is satisfied that a joint applicant, is unable or unwilling
to proceed as joint applicant, the Tribunal may in the manner contemplated in section
98, order that he or she assign his or her rights to any joint applicant able and willing so
to proceed, provided that where it appears to the Tribunal to be just and equitable, the
Tribunal may order the payment of compensation to the assignor.
(5)
In any proceedings in terms of subsection (2) the Tribunal must, unless
it appears that there are good reasons to the contrary, resolve the dispute in a manner
which will lead to the preservation of the application and the registration of the design.
Joint ownership of rights conferred by registration
115.
(1)
Where registration of a design is granted to two or more
persons jointly, each of them is, in the absence of an agreement to the contrary, entitled
to an equal undivided share in the registered design.
(2)
Subject to the provisions of subsections (5) and (7), a joint registered
owner is, in the absence of an agreement to the contrary and in the absence of consent
of the other joint registered owner or owners, not entitled
(a)
to perform any of the acts reserved exclusively for a registered owner
in section 107;
(b)
to grant a licence or to assign the whole or any part of his or her interest
in the registered design; or
(c)
to take any steps or institute any proceedings relating to the registered
design.
(3)
Despite subsection (2), a joint registered owner may pay any renewal
fee that is payable without recourse to any other design owner, unless the Tribunal
directs otherwise in proceedings in terms of subsection (7).
(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