32.
33.
34.
Rights conferred by registration
(1)
The exploitation of a registered industrial design in Mauritius by any person,
other than the registered owner, shall require the agreement of the latter.
(2)
For the purposes of this Act, "exploitation" of a registered industrial design
means the making, selling or importation of articles bearing or embodying a design
which is a copy, or substantially a copy, of the registered industrial design.
(3)
Any right under a registered industrial design shall not extend to act in respect
of articles, which have been put on the market in Mauritius by the registered owner
or with his consent.
(4)
Any registered owner of an industrial design shall, in addition to any other
rights, remedies or actions available to him, have the right to institute court
proceedings against any person who infringes the industrial design by performing,
without his agreement, any act referred to in subsection (2) or who performs any
act which is likely to amount to infringement.
Duration and renewal
(1)
The registration of any industrial design shall be for a period of 5 years from the
filing date of the application for registration and renewable for another period of
5 years.
(2)
The registration of any industrial design may be renewed for 2 further consecutive
periods of 5 years upon (a)
payment of a renewable fee; and
(b)
compliance with any condition as may be prescribed.
Invalidation
(1)
Any person may apply to the Tribunal for an order invalidating the registration of
an industrial design.
(2)
The Tribunal may invalidate the registration where the person requesting the
invalidation proves that any of the requirements of sections 27 and 28 has not been
fulfilled or where the registered owner of the industrial design is not the creator
or his successor in title.
(3)
Any invalidated registration of an industrial design shall be regarded as null and
void from the date of the registration.
(4)
The final decision of the Tribunal shall be notified to the Controller who shall
record it and publish a reference thereto as soon as possible.
PART V - MARKS, COLLECTIVE MARKS, TRADE NAMES
35.
Definitions
For the purposes of this part(a)
"collective mark" means any visible sign designated as such in the application for
registration
and
characteristic,
capable
including
of
the
distinguishing
quality
of
the
goods
origin
or
or
any
services,
other
of
common
different