No.	4907	
Act No. 1, 2012

Government	Gazette	23	March	2012	

65

INDUSTRIAL PROPERTY ACT, 2012

contrary,	 equal	 undivided	 shares	 in	 the	 application,	 and	 none	 of	 them	 may	 without	 the	
consent	 of	 the	 other	 joint	 applicant	 or	 applicants	 deal	 in	 any	 way	 with	 the	 application,	
but	 if	 any	 proceedings	 are	 required	 to	 save	 the	 application	 from	 becoming	 abandoned,	
any	 applicant	 may	 institute	 such	 proceedings	 on	 behalf	 of	 himself	 or	 herself	 and	 any	
other	joint	applicant.
	
(2)	
If	 any	 dispute	 arises	 between	 joint	 applicants	 as	 to	 their	 respective	
rights	in	and	to	an	application	for	a	design	or	as	to	the	manner	in	which	the	application	
is	 to	 be	 proceeded	 with	 or	 the	 manner	 in	 which	 they	 may	 deal	 with	 the	 application	 or	
exploit	 the	 invention,	 any	 such	 joint	 applicant	 may	 apply	 to	 the	Tribunal	 to	 decide	 the	
matter	in	dispute.
	
(3)	
Unless	 the	 Tribunal	 otherwise	 directs,	 the	 person	 who	 makes	 as	
applications	 in	 terms	 of	 subsection	 (2)	 is	 liable	 for	 all	 costs	 and	 expenses	 incurred	 in	
respect	of	proceedings	in	terms	of	that	subsection.
	
(4)	
If	the	Tribunal	is	satisfied	that	a	joint	applicant,	is	unable	or	unwilling	
to	 proceed	 as	 joint	 applicant,	 the	 Tribunal	 may	 in	 the	 manner	 contemplated	 in	 section	
98,	order	that	he	or	she	assign	his	or	her	rights	to	any	joint	applicant	able	and	willing	so	
to	 proceed,	 provided	 that	 where	 it	 appears	 to	 the	Tribunal	 to	 be	 just	 and	 equitable,	 the	
Tribunal	may	order	the	payment	of	compensation	to	the	assignor.
	
(5)	
In	any	proceedings	in	terms	of	subsection	(2)	the	Tribunal	must,	unless	
it	 appears	 that	 there	 are	 good	 reasons	 to	 the	 contrary,	 resolve	 the	 dispute	 in	 a	 manner	
which	will	lead	to	the	preservation	of	the	application	and	the	registration	of	the	design.
Joint ownership of rights conferred by registration
115.
(1)	
Where	 registration	 of	 a	 design	 is	 granted	 to	 two	 or	 more	
persons	jointly,	each	of	them	is,	in	the	absence	of	an	agreement	to	the	contrary,	entitled	
to	an	equal	undivided	share	in	the	registered	design.
	
(2)	
Subject	 to	 the	 provisions	 of	 subsections	 (5)	 and	 (7),	 a	 joint	 registered	
owner	is,	in	the	absence	of	an	agreement	to	the	contrary	and	in	the	absence	of	consent	
of	the	other	joint	registered	owner	or	owners,	not	entitled	

(a)	

to	 perform	 any	 of	 the	 acts	 reserved	 exclusively	 for	 a	 registered	 owner	
in	section	107;

	

(b)	

to	grant	a	licence	or	to	assign	the	whole	or	any	part	of	his	or	her	interest	
in	the	registered	design;	or

	

(c)	

to	take	any	steps	or	institute	any	proceedings	relating	to	the	registered	
design.

	
(3)	
Despite	 subsection	 (2),	 a	 joint	 registered	 owner	 may	 pay	 any	 renewal	
fee	 that	 is	 payable	 without	 recourse	 to	 any	 other	 design	 owner,	 unless	 the	 Tribunal
	
directs	otherwise	in	proceedings	in	terms	of	subsection	(7).
(4)	
Where	 an	 article	 embodying	 a	 registered	 design	 or	 a	 design	 not	
	
substantially	 different	 from	 the	 registered	 design	 is	 disposed	 of	 by	 a	 joint	 registered	

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