ARRANGEMENT OF SECTIONS
Author of new design to be deemed proprietor thereof.
Application for registration of design.
Drawings, etc., to be furnished on application for registration.
Copyright on registration.
Inspection of, and taking copies of, registered designs.
Information as to existence of copyright.
Ceasing of copyright and cancellation of registration.
Penalty on piracy of registered design.
PARTII. General
13. Trusts.
Entry of assignments and transmissions.
Certificate of Registrar evidence.
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Publication of quarterly list.
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THE DESIGNS ACT
V5th July, 1937.1
“class” means prescribed class;
“copyright” means the exclusive right to apply a design to any article of manufacture as to any such substance as in this section mentioned in the class or classes in which the design is registered;
“Court” means the Supreme Court;
“design” means any design applicable to any article of manufacture, or to any substance artificial or natural or partly artificial and partly natural, whether the design is applicable for the pattern, or for the shape or configuration or for the ornament thereof or for any two or more such purposes, and by whatever means it is applicable, whether by printing, painting, em-broidering, weaving, sewing, modelling, casting, embossing, engraving, staining, or any other means whatever, manual, mechanical or chemical, separate or combined;
“Judge” means a Judge of the Court;
“registered” means registered in the Register of Designs and “registration” has a corresponding meaning;
“Registrar” means the Registrar of Companies;
“Registry” means the office of the Registrar of Companies;
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Cap. 97.
Aet 9 of 1975.
tion.
91 1975
S. 2(a).
911975
S. 2(b).
B2
“approved society” means a society, institution or organi- zation of a public, philanthropic, or self-help, character approved by the Minister.
3. There shall be kept at Le Registry a ,ook called “The Register of Designs” wherein shall be entered the names
Designs. and addresses of proprietors ofregistered designs, and such other matters as may from time to time be prescribed.
4. The author of any new and original design shall be
newdesign deemed to be the proprietor thereof, unless he executed ~~$~~d
the work on behalf of an approved society, whether for
thereof. consideration or otherwise, or on behalf of another person for a good or valuable consideration, in which case such society or person shall be considered the proprietor, and every approved society acquiring, and every person acquir- ing for a good or valuable consideration, a new and original design, or the right to apply the same to any article or substance, either exclusively of any other person or other-wise, and also every person on whom the property in such design or such right to the application thereof shall devolve shall be considered the proprietor of the design in the respect in which the same may have been so acquired, and to that extent, but not otherwise.
Application S.-(l) The Registrar may, on application by or on
for registm-
tionof behalf of any person claiming to be the proprietor of any
new or original design not previously published in this Island, and on payment of the prescribed fee, register the design under this Part.
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6. On application for registration of a design, the applicant shall furnish to the Registrar the prescribed number of drawings, photographs, or tracings of the design sufficient to enable him to identify the design, and suit- able for the official records; or the applicant may, instead of such copies furnish exact representations or specimens of the design.
7.-(1) When a design is registered the Registrar shall opyrighton
$g istrat ion.
grant a certificate of registration and the registered pro- prietor of the design shall, subject to the provisions of this Act, have copyright in the design during fifteen years from the registration of the design.
(2) Before delivery on sale of any articles to which a registered design has been applied, the proprietor must (if exact representations or specimens were not furnished
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Marking
Inspectionof, and fak-ing copiesof, regis-tered designs.
lnformation
as to
existenceof
DESIGNS
on the application for registration) furnish to the Registrar the prescribed number of exact representations or specimens of the design; and if he fails to do so, the Registrar may erase his name from the Register and thereupon his copy- right in the design shall cease.
8. Before delivery on sale of any articles to which a registered design has been applied, the proprietor of the design shall cause each such article to be marked with the prescribed mark, or with the prescribed word or words or figures, denoting that the design is registered; and if he fails to do so the copyright in the design shall cease, unless the proprietor shows that he took all proper steps to ensure the marking of the article.
9.41) During the existence of copyright in a design, the design shall not be open to inspection except by the proprietor, or a person authorized by the Registrar or by the Court, and furnishing such information as may enable the Registrar to identify the design, nor except in the presence of the Registrar, nor except on payment of the prescribed fee; and the person making the inspection shall not be entitled to take any copy of the design or of any part thereof.
(2) When the copyright in a design has ceased, the design shall be open to inspection, and copies thereof may be taken by any person on payment of the prescribed fee.
10. On the request of any person producing a particular design, together with its mark of registration, or producing only its mark of registration or furnishing such informa- tion as may enable the Registrar to identify the design, and on payment of the prescribed fee, it shall be the duty of the Registrar to inform such person whether the registra- tion still exists in respect of such design, and if so, in respect of what class or classes of goods, and stating also the date
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of registration, and the name and address of the registered proprietor.
11.-(1) If a registered design is used in manufacture in Ceasingof
any foreign country and is not used in this Island within and six months of its registration in this Island, the copyright zoce1lation in the design shall cease. redstration.
12.-( 1) During the existence of copyright in any design Pe alty on
no person- registered
Scandalous design.
mendesign ~~
Entry of assi~nments
(2) Any person who acts in contravention of this section shall be liable for every offence to forfeit a sum not exceeding one hundred dollars to the registered pro- prietor of the design, and such registered proprietor may, by action brought in the Court recover either such sum as a simple contract debt, or damages arising from any breach of the said section.
the name of any person is entered, as the proprietor thereof, in the Register of Designs.
16. Where a person becomes entitled by assignment,
transmission, or other operation of Iaw to the copyright in a registered design, the Registrar shall, on request and on proof of title, cause the name of such person to be entered as proprietor of the copyright in the design in the Register of Designs. The person for the time being entered in the Register of Designs as proprietor for copyright in a design, shall, subject to the provisions of this Act, and to any rights appearing from such Register to be vested in any other person, have power absolutely to assign, grant licences as to, or otherwise deal with the same and to give effectual receipts for any consideration for such assign-ment, licence or dealing :
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Provided that any equities in respect of such design may be enforced in like manner as in respect of any other personal property :
Provided also, that the priority of all assignments and charges shall, as regards purchasers for value without notice, be determined by priority of registration.
17. Every register kept under this Act shall be prima Ins
facie evidence of all matters duly entered therein; and of xtracta
every such register shall be open to the inspection of the RWer. public on payment of the prescribed fee, subject to the provisions of this Act and to such regulations as may be prescribed; and certified copies, sealed with the seal of the
Registry, of any entry of such register shall be given to any person requiring the same on payment of the prescribed fee:
Provided that whenever any extract includes any tracing, drawing, or diagram, an additional fee for any copy thereof shall be paid equal to the cost of preparing such tracing, drawing or diagram.
18. The Registrar may, on request in writing accom-panied by the prescribed fee-
19. A certificate purporting to be under the hand of the a~fiateof
Registrar as to any entry, matter or thing which he is R istrar
ev cnce.
authorized by this Act, or by any general rules made there-
[The inclusion of this page is authorized by L.N. 60/1976] Orders by a Judge.
Powers of Court or Judge.
Persons under disability.
Publication of quarterlylist.
under, to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone.
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24. Any declaration required to be made under this Act Dedara-
may be taken by the Registrar.
25-41) The Registrar, with the sanction of the Min- Rulesand
ister, may from time to time make such general rules and do such things as he may think expedient, for prescrib- ing the practice of registration under this Act, for classi-fying goods for the purposes of designs; for prescribing the fees to he paid under this Act, or for any other purpose which may be or be deemed necessary for the carrying out of the provisions of this Act.
(2) Any rules made in pursuance of this section shall be laid before the House of Representatives and shall be published in the Gazetre.
26. All fees received under this Act shall be paid into Fepai intothe
tobe the Consolidated Fund. CO soIidated
1
27. All certificates and certified copies given by from stamp
the Ex4mption Registrar under this Act shall be exempt from stamp duty. dutt.
28. All designs of an approved society for which appli- Exemption
cation for registration is made under this Act shall be exempt from all fees under this Act, or rules made there- under.
c2