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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.

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