Act 3

Industrial Property Act

2014

PART XIII—INDUSTRIAL DESIGNS
71. Definition of an industrial design.
(1) For the purposes of this Part, “an industrial design” means that
aspect of a useful article which is ornamental or aesthetic that may
consist of three dimensional features like a shape or surface of an article
or a three dimensional feature such as patterns, line or colours.
(2) The protection of industrial design under this Act shall not
extend to anything in an industrial design which serves solely to
obtain a technical result, and to the extent that it leaves no freedom as
regards arbitrary features of appearance.
72. Right to industrial design; naming of creator.
(1) Subject to this Act and to the provisions of any other written
law, the creator of an industrial design or his or her successor in title
has the exclusive right to sell or cause to be sold for commercial or
industrial purposes the goods in which the design is incorporated.
(2) Sections 17, 19, and 20 apply with the necessary
modifications, to the rights of the creator of an industrial design.
73. Registrable industrial designs.
(1) An industrial design is registrable if it is new.
(2) An industrial design shall be taken to be new if it has not
been disclosed to the public, anywhere in the world, by publication in
tangible form or, in Uganda, by use or in any other way, prior to the
filing date or, where applicable, the priority date of the application for
registration.
(3) Section 10(3) applies, with the necessary modifications, in
respect of priority dates of an industrial design.
(4) An industrial design which is contrary to public order or
morality shall not be registered.
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