(c)
where a person, or his employee acting in the course of his
employment, makes a design for another person in terms of an
agreement, such other person; or
(d) where the ownership in the design has passed to any other
person, such other person;
“register” means the register of designs kept at the designs office in
terms of section 7;
“registered proprietor” means the person whose name is for the
time being entered in the register as the proprietor of the design;
“registrar” means the registrar of designs appointed or deemed to
have been appointed under section 6;
“regulation” means any regulation made under this Act;
“release date”, in relation to a design, means the date on which the
design was first made available to the public (whether in the Republic
or elsewhere) with the consent of the proprietor or any predecessor in
title;
“series of mask works” means a related group of mask works which
together represent the three-dimensional disposition of the electrical,
electromagnetic or optical elements and circuitry of an integrated
circuit;
“the repealed Act” means the Designs Act, 1967 (Act No. 57 of
1967);
“this Act” includes the regulations.
(2)
Any reference in this Act to an article shall be deemed, according to the
context, to be a reference to—
(a)
a set of articles; or
(b)
each article which forms part of the set of articles; or
(c)
both a set of articles and each article which forms part of that set.
(3)
For the purposes of this Act, a “set of articles” means a number of articles of
the same general character which are ordinarily on sale together or intended
to be used together, and in respect of which the same design, or the same
design with modifications or variations not sufficient to alter the character of
the articles or substantially affect the identity thereof, is applied to each
separate article: Provided that a series of mask works shall not be a set of
articles.
(4)
Any question arising under this Act as to whether a number of articles
constitute a set of articles shall be determined by the registrar.
2.
Application of Act.
(1)
The provisions of this Act shall apply in respect of all registered
designs, whether registered before or after the date of
commencement of this Act: Provided that a design registered pursuant
to an application made before such commencement shall not be