Industrial Design
[No. 22 of 2016 527
20. Where copyright subsists in an artistic work and an
application for the registration of a corresponding design is made
by or with the consent of the owner of the copyright, the design
shall, for the purpose of this Act, be treated as new despite the
artistic work being previously made use of, unless the previous
use—
(a) of the artistic work consisted of or included selling, hiring,
or offering to sale or hire articles to which the design is
different only in immaterial details; or
Subsisting of
copyright in
artistic work
(b) was done by the owner of the artistic work or with the
owner’s consent.
PART IV
APPLICATION FOR REGISTRATION OF DESIGN
21. An application for registration of a design, may be filed
with the Agency, in a prescribed form and manner by any of the
following:
Persons
entitled to
apply for
registration
of design
(a) a person claiming to be a creator of the design;
(b) an assignee of the person claiming to be a creator;
(c) a legal representative of a creator of a design or assignee;
(d) two or more persons who claim to be the creators of the
design, as specified in section twenty-two; or
(e) a successor in title to a creator of a design or assignee.
22. (1) An application for the registration of a design may
be filed by two or more creators who have jointly created a design.
Application
by joint
creators
(2) An application, referred to in subsection (1), shall be made
notwithstanding that —
(a) the creators of the design did not physically work together
when coming up with the design; or
(b) the creators of the design did not make equal contribution
to the creation of the design.
23. (1) An application for the registration of a design shall
be filed in accordance with section twenty-one, accompanied by a
prescribed fee.
(2) Where one or more of the creators who jointly created a
design, as provided in section twenty-two, cannot be found or
reached for purposes of filing, the Registrar may, on being satisfied,
allow an application to be made with the inclusion of the name or
names of the missing creator or creators.
Filing of
registration
for design
application