Designs
12. Any combination of lines or colours or both, and any three-dimensional form, whether or not associated with
colours, is an industrial design, if it is intended by the creator to be used as a model or pattern to be multiplied by
industrial process and is not intended solely to obtain a technical result.
13. (1) Subject to this section, an industrial design is registrable if(a) it is new; and
(b) it is not contrary to public order or morality,
(2) Where application is made for the registration of an industrial design, the design shall be presumed to be
new at the time of the application except in so far as the following provisions of this section provide
otherwise(3) An industrial design is not new if, before the date of application for registration, it has been made
available to the public anywhere and at any time by means of description, use or in any other way, unless
it is shown to the satisfaction of the Registrar that the creator of the design could not have known that it
had been made so available.
(4) An industrial design shall not be deemed to have been made available to the public solely by reason of
the fact that within the period of six months preceding the filing of the application for registration the
creator has exhibited it in an official or officially recognised exhibition.
(5) An industrial design is not new merely because it differs in minor or inessential ways from an earlier
design or concerns a type of product other than the type with which an earlier design is concerned.
14. (1) Subject to this section, the right to registration of Right to an industrial design shall be vested in the
statutory creator, registration. that is to say, the person who, whether or not he is the true creator, is the first to
file, or validly to claim a foreign priority for, an application for registration of the design.
(2) The true creator shall be entitled to be named as such in the Register, and the entitlement in question
shall not be modifiable by contract.
(3) If the essential elements of an application for the registration of an industrial design have been obtained
by the purported applicant from the creation of another person without the consent of that other person
both to the obtaining of those essential elements and to the filing of the application, all rights in the
application and in any consequent registration shall be deemed to be transferred to that other person.
(4) Where an industrial design is created in the course of employment or in the execution of a contract for
the performance of specified work, the ownership of the design shall be vested in the employer or, as the
case may be, in the person who commissioned the work:
Provided that, where the creator is an employee, then, if his contract of employment does not require him
to exercise any creative activity but he has in creating the design used data or means that his employment
has put at his disposal(a) he shall be entitled to fair remuneration taking into account his salary and the importance of the
design which he has created; and
(b) the entitlement in question is not modifiable by contract and may be enforced by civil proceedings.
15. (1) An, application for the registration of an industrial design shall be made to the Registrar and
(a) shall contain(i) a request for registration of the design,