30
No. 10
Patents and Industrial Designs Act
2012
(3) The rights conferred by registration of an industrial
design shall not extend to acts in respect of a product embodying the
protected industrial design which has been put on the market in
Sierra Leone by the owner of the design or with his consent.
(4) The registered owner of an industrial design shall, in
addition to any other rights, remedies or actions available to him,
have the right to institute legal proceedings against any person who
infringes the industrial design by performing, without his agreement,
any of the acts referred to in subsection (2) or who performs acts
which make it likely that infringement will occur.
(5) An industrial design in respect of which Sierra Leone
is a designated state registered by ARIPO by virtue of the Harare
protocol shall have the same effect in Sierra Leone under this Act
unless the Registrar has communicated to ARIPO, in accordance
with the provisions of the Protocol that if a registration is made by
ARIPO, it shall have no effect in Sierra Leone.
Duration and
renewal of
industrial
designs.
58. (1) The registration of an industrial design shall be for a
period of five years from the filing date of the application for
registration.
(2) The registration may be renewed for two further
consecutive periods of five years on the payment of the prescribed
fee.
(3) A period of grace of six months shall be allowed for
the late payment of the renewal fee on payment of the prescribed
surcharge.
(4) Where industrial design has elapsed due to the nonpayment of the renewal fee within the prescribed period, the owner of
the design may, in the prescribed manner and on the payment of the
prescribed fee, apply to the Registrar for the restoration of the
industrial design.
(5) If the Registrar is satisfied that the omission to pay
was unintentional and that no undue delay has occurred in the making
of the application, he shall advertise the application in the prescribed
manner and any person may, within the prescribed period, give notice
objecting to the restoration of the industrial design.
No. 10
Patents and Industrial Designs Act
31
2012
PART VIII - GENERAL PROVISIONS
59. (1) All contracts assigning applications, patents or Changes in
industrial designs shall be in writing and shall be signed by the parties ownership.
to the contracts otherwise they shall not be valid.
(2) Any change in the ownership of an application, a patent
or an industrial design shall be recorded in the respective Register,
on payment of the prescribed fee and, in the case of an application,
published by the Registrar.
(3) The change in ownership shall have no effect against
third parties until such recording is effected.
(4) In the absence of any agreement to the contrary
between the parties, joint owners of an application or a patent or
industrial design may separately transfer their shares, exploit or
prevent any person from exploiting the protected patent or industrial
design but may only jointly grant permission to any third person to
exploit the patent or design.
60. A licence contract shall not be valid unless it is in writing Form of
licence
and signed by the parties to the contract.
contracts.
61. (1) A licence contract concerning a patent granted or a
registered industrial design, or an application for it, shall be submitted
to the Registrar who shall keep its contents confidential but shall
record it and publish a reference to it.
Recording and
publication of
licence
contracts.
(2) The licence contract shall have no effect against third
parties until the recording is effected.
62. In the absence of any provision to the contrary in the licence Rights of
contract, the licensee shall be entitled to take any of the actions licensee.
referred to in sections 22 and 57 with regard to the invention and
industrial design respectively.
63. (1) In the absence of any provision to the contrary in the
licence contract, the licensor may grant permission to any third person
to do, and may himself do any of the acts which constitute the exercise
of rights of ownership.
Rights of
licensor to
grant further
licences and
to use the
inventions.