Act 3
Industrial Property Act
2014
(12) Where subsection (2) applies only to some of the claims or
some parts of a claim, or some parts of a registered industrial design
only those claims or parts may be revoked or invalidated by the court.
(13) The court may require the owner of the patent, the utility
model or the industrial design registration certificate to submit to it for
the purposes of examination, the registration certificate, publications
and other documents showing the prior art which has been referred to
either in connection with an application for a title to the patent, the utility
model or the industrial design filed, for the same or essentially the same
invention or design by the owner with any other national or regional
industrial property office, or in connection with any proceedings relating
to the registration of the patent, utility model or the industrial design or
other title or protection granted upon such application.
(14) The notice of the application referred to in subsection (1) shall
be served on any licensee under the patent, the utility model or the
industrial design and that person is entitled to join in the proceedings in
the absence of any provision to the contrary in the licence contract.
(15) Where, before or during the proceedings, it is alleged or it
appears to the court that the right to the patent, the utility model or the
industrial design belongs to a person who is not a party to the proceedings,
notice of the application referred to in subsection (1) shall be served on
that person and that person is entitled to join in the proceedings.
91. Effect of revocation or invalidation
(1) A revoked or an invalidated patent, a utility model or an
industrial design or claim or part of a claim of a registered industrial
design shall be regarded from the date of the grant of the patent or
certificate of registration for the utility model or the industrial design
to have ceased to have effect.
(2) Where the decision of the court is no longer subject to
appeal, the court shall inform the registrar who shall immediately
register it and publish it as soon as possible in the Gazette.
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