528
No. 22 of 2016]
Industrial Design
(3) The Registrar may, where a design is created jointly by
two or more creators as specified in section twenty-two, but one or
more of the persons refuse to be included on the application for the
registration of a design, on being satisfied of the proof of such
refusal, allow the application to be filed without the name or names,
as the case may be, of the creator or creators who have refused to
be included.
Disclosure of
design before
filing date
24. An application for the registration of a design, consisting
of a design which has been disclosed before the filing date, shall
not be refused registration by the Registrar or invalidated if the
disclosure—
(a) occurred within six months preceding the date of filing of
the application for registration;
(b) was due to the design having been obtained unlawfully or
in breach of confidence by any person—
(i) from the creator of the design or any other person
to whom the matter was made available in
confidence or who obtained the design from the
creator because the creator believed that the
person was entitled to obtain it;
(ii) from any other person to whom the matter was
made available in confidence by any person
mentioned in subparagraph (i) or in this
subparagraph or who obtained it from any
person so mentioned because that person or the
person from whom that person obtained the
design believed that such person was entitled
to obtain it;
(c) in the case of textile, was as a result of a confidential
order for products bearing the design, made before the
registration of a design and such disclosure was made
without the consent of the creator of the design;
(d) was made by way of the creator communicating the design
to a Government department, agency or an authorised
person, to consider the merits of the design;
(e) was made due to, or in consequence of, the creator of a
design displaying the design at an exhibition, recognised
by the Agency, and the applicant states, on filing the
application, that the creator has notified the Registrar,
in the prescribe manner, that the design has been so
displayed and files written evidence in support of such
notification, within the prescribed period; or