(iii) if the application for registration comprised several designs, to any one or more of those
designs;
(b) subject to paragraph (d) of this subsection, shall be registered and notified;
(c) shall not be effective until it has been registered; and
(d) if it relates to a design as to which a contractual licence is registered, shall be registered only if (i) it is accompanied by the licensee's written consent to registration, or
(ii) the licensee has in the licence contract agreed that this paragraph shall not apply.
22. (1) Subject to this section, on the application of any person (including a public officer acting in the exercise
of his functions) the court shall declare the registration of an industrial design to be null and void(a) if the design, because of its failure to conform with section 13(1)(b) of this Act, ought not to have
been registered; or
(b) if the design fails to comply with section 13(1)(a) or 14 of this Act.
(2) Where(a) a declaration under subsection (1) of this section relates to an application comprising several designs;
and
(b) the grounds for making the declaration affect only some of those designs, the declaration shall apply
only to the designs so affected.
(3) Where a declaration is made under subsection (1) of this section(a) the registration in question shall be deemed, to the extent specified in the declaration, to have been
null and void ab initio, so however that it shall not be necessary to repay royalties paid by any
licensee unless the court so orders; and
(b) the proper officer of the court shall inform the Registrar, who shall register and notify the
declaration.
(4) The court(a) shall not make a declaration under subsection (1) of this section without first giving the design owner
an opportunity to be heard;
(b) in applying subsection (1)(a) of this section, shall have regard only to the state of affairs existing
when the proceedings were instituted; and
(c) shall dismiss an application under subsection (1) of this section if the applicant (not being a public
officer) fails to satisfy the court that he has a material interest in making the application.
General
23. (1) Subject to this section(a) a patentee or design owner may by a written contract signed by the parties grant a licence to any
person to exploit the relevant invention or design; and
(b) in the absence of any provision to the contrary in the contract, the licensee shall be entitled to do at,
anywhere in Nigeria in relation to the patent or design, any of the acts mentioned in section 6 or 9 of
this Act, as the case may be.