123. Any creator of an industrial design or his successors in title shall have the
exclusive right to work, sell or offer for sale this industrial design in accordance with the
provisions provided for in this Law, without prejudice to the rights they may hold under other
legal provisions, in particular legislation relating to the protection of artistic or literary works.
124. The registration of an industrial design shall grant its owner the right to prohibit
third parties from undertaking the following acts for commercial or industrial purposes:
(a) reproducing the industrial design with a view to its working;
(b) importing, offering for sale and selling a product reproducing the protected
industrial design;
(c) stocking such a product for the purposes of offering it for sale or selling it.
The acts referred to in (a) above shall not be rendered lawful solely by reason of the fact
that the reproduction differs from the protected industrial design in minor respects or that it
concerns a type of product different from the said industrial design.
Chapter V
Transfer and loss of rights
SECTION I
GENERAL PROVISIONS
125. The rights deriving from industrial designs may be transferred either in full or in
part.
They may be the subject, either in full or in part, of the grant of an exclusive or nonexclusive license for use, as well as an encumbrance.
The rights conferred by the registration of an industrial design may be asserted against a
licensee who infringes one of the limits of his license imposed in accordance with the
previous paragraph.
Subject to the provisions of Article 19 above, the transfer of the rights referred to in the
first paragraph of this Article shall not infringe the rights acquired by third parties prior to the
date of transfer.
Acts comprising transfer or a license covered by the first two paragraphs above shall be
recorded in writing, on pain of invalidation.
126. To be binding on third parties, any acts transferring, amending or affecting the
rights deriving from an industrial design must be entered in a register known as the “National
Register of Industrial Designs” kept by the entity responsible for industrial property.
However, an act shall be binding before such entry on third parties who acquired rights
after the date of the act but who had notice thereof when they acquired the rights.
Acts amending the ownership of the industrial design or the enjoyment of the rights
deriving therefrom, such as assignment, licensing, the making or assignment of an
encumbrance or the surrender thereof, seizure, validation and lifting of seizure, shall be
entered in the register at the request of one of the parties to the act.
For the entry of references following a court decision which has become final, the
registrar office shall send, within 15 days after the date of said decision, to the entity
responsible for industrial property, a full set of decisions free of charge relating to the
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