68
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
Effect of invalidity on registration of licence
119.
(1)
Any contract, in so far as it relates to a licence under a design
application or a design registration to make, use, offer to dispose of, dispose of or import
a protected article, terminates on the date on which a design application is refused, or on
which the design registration, under which the licence was granted, expires, is revoked
or otherwise ceases to protect such article.
(2)
Where a contract relates to licences under more than one application or
registration, such part of the contract as relates to any particular licence terminates when
the application or the registration under which it was granted is refused or expires, is
revoked or otherwise ceases to protect the article concerned, and that the contract as a
whole terminates when all the registrations under which all such licences were granted
and which were in force at the time when the contract became operative, expire, are
revoked or otherwise cease to protect the relevant articles.
(3)
Nothing in this section affects any right to terminate a contract or a
condition in a contract independently of this section.
PART 9
SURRENDER AND INVALIDATION OF REGISTRATION
Surrender of registration
120.
(1)
The owner of a design registration may at any time, by giving
notice in the prescribed manner to the Registrar, offer to surrender the registration, and
the Registrar must give notice of the offer to any person shown in the register to have an
interest in the registration.
(2)
Any person may, within the prescribed time, lodge in writing with the
Registrar an objection to the surrender of the registration.
(3)
If no objection is so lodged or if any such objection is overruled by the
Registrar or the Tribunal after having given the owner of the registration and the objector
an opportunity to be heard, the registration must be deemed to have been revoked as
from the date of receipt by the Registrar of the offer of surrender, and the Registrar must
advertise the revocation of the design registration in the bulletin and make the necessary
entries in the register.
(4)
An offer to surrender a design registration may not be considered as
long as any proceedings for infringement or revocation of that registration are pending
before the Tribunal, except by consent of the parties to such proceedings.
Invalidation of registered designs
121. (1)
Any person may apply to the Tribunal in the prescribed manner
to invalidate the registration of a design.
(2)
An application for invalidation must be served on the owner of the
design registration or his or her agent and must be notified to the Registrar in the
prescribed manner.