30.
(3)
Where two or more persons have created the same industrial design independently of
each other, the person whose application has the earliest filing date or, where
priority is claimed, the earliest validly claimed priority date shall have the
right to the industrial design, as long as the said application is not withdrawn,
abandoned or rejected.
(4)
The right to
succession.
(5)
Where an industrial design is made in execution of an employment contract, the
right to the industrial design shall belong, in the absence of express provisions
to the contrary, to the employer.
(6)
The creator shall be named as such in the industrial design unless, in a written
statement signed by him and addressed to the Controller, he indicates that he
wishes not to be named.
(7)
Any promise or undertaking by the creator made to any person to the effect that he
will make such a statement shall be without legal effect.
an
industrial
design
may
be
assigned
or
may
be
transferred
by
Application
(1)
Any application for the registration of an industrial design shall (a)
be filed with the Controller;
(b)
(c)
contain the necessary drawings, photographs or other adequate graphic
representations of the industrial design;
contain an indication of the article or articles which constitute the
industrial design or in relation to which the industrial design is to be
used;
(d)
be accompanied by a specimen of the article embodying the industrial design
where the industrial design is two-dimensional; and
(e)
be subject to the payment of an application fee as may be prescribed.
(2)
Where the applicant is not the creator, the request shall be accompanied by a
statement justifying the applicant's right to registration of the industrial
design.
(3)
The application may contain a declaration claiming priority, as provided for in the
Paris Convention, of one or more earlier national or regional applications or
international deposits filed by the applicant or his predecessor in title in or for
any State party to that Convention or any member of the World Trade Organisation.
(4)
Where the application contains a declaration referred to in subsection (3), the
Controller may require the applicant to furnish, within the prescribed time limit,
a copy of the earlier application or international deposit, certified as correct by
the office with which it was filed, and the effect of that declaration shall be as
provided for in the Paris Convention.
(5)
Where the Controller finds that the requirements under this section and any
regulations made under this Act pertaining to a declaration, are not fulfilled, the
declaration shall be considered not to have been made.
(6)
Two or more industrial designs may be the subject of the same application where
they relate to the same class of the International Classification or to the same
set or composition of articles.