A.42
Registration
of design
Right to
industrial
design
50. (1) Where, following the examination referred to in section 49,
the Registrar is satisfied that the requirements of this Act have been
fulfilled, he or she shall register the design.
(2) Where the Registrar registers a design, he or she shall, within
such time as may be prescribed —
(a) issue, to the applicant, a certificate of registration of the design;
(b) record such registration in the register; and
(c) publish, in the Journal, a reference to the registration of the design.
(3) Notwithstanding the provisions of subsection (2), where a request
has been made under section 46 (5) for deferment of publication, the
representation of the design or any file relating to the application shall
not, upon registration of the design, be open for public inspection; and
in this case, the Registrar shall publish, in the Journal, a mention of the
deferment of the publication of the industrial design and information
identifying the registered owner of the design, and indicating the filing
date of the application, the length of the period for which deferment has
been requested, and such other particulars as may be prescribed.
(4) At the expiry of the period of deferment, the Registrar shall
publish, in the Journal, the registered design.
(5) The institution of legal proceedings on the basis of a registered
design during the period of deferment of publication shall be subject to
the condition that the information contained in the register and in the
file relating to the application has been communicated to the person
against whom the action is brought.
(6) An application which, owing to any default or neglect on the part of
the applicant, has not been completed within the prescribed period shall
be deemed to have been abandoned.
51. (1) The right to a design shall belong to the owner of the design.
(2) If two or more persons have made a design jointly, the right to
the design shall belong to them jointly.
(3) Where two or more persons have made the same design but
independently of each other, the person whose application bears the
earliest filing date, or, if priority is claimed, the person whose application
bears the earliest validly claimed priority date shall, unless that
application is abandoned, withdrawn or rejected by the Registrar, have
the right to the design.
(4) Where a design is made in execution of a contract of employment,
the right to the design shall, in the absence of any agreement to the
contrary, belong to the employer.
(5) The owner of a design shall be named as such in the design, unless,
in a special declaration in writing signed by him or her and addressed to
the Registrar, he or she indicates that he or she wishes not to be named,
and any promise or undertaking by the owner of the design made to any
person to the effect that he or she will make such a declaration shall be
without legal effect.