- ARRANGEMENT OF SECTIONS
- Short title
- Interpretation
- PART I : Designs
- Register of Designs
- 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
- Marking registered designs
- 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
- PART II: General
- Trusts
- Scandalous design
- When designs deemed to be registered
- Entry of assignments and transactions
- Inspection of extracts from Register
- Correction of errors and amendment
- Certificate of Registrar evidence
- Orders by a Judge
- Powers of Court or Judge
- Persons under disability
- Publication of quarterly list
- Declarations
- Rules and fees
- Fees to be paid into the Consolidated Fund
- Exemption from stamp duty
- Exemption from fees
THE DESIGNS ACT
ARRANGEMENT OF SECTIONS
PARTI. Designs
- Register of Designs.
-
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.
- Marking registered designs.
-
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.
Scandalous design. When design deemed to be registered.
Entry of assignments and transmissions.
Inspection of extracts from Register. Correction of errors and amendment.
Certificate of Registrar evidence.
Orders by a Judge. Powers of Court or Judge. Persons under disability.
[The inclusion of this page is authorized by L.N. 60/1976] -
Publication of quarterly list.
- Declarations.
- Rules and fees.
- Fees to be paid
into the Consolidated Fund. Exemption from stamp duty. Exemption from fees.
Fe inclusion of this page is authorized by L.N. 60/1976]
THE
DESIGNS ACT
V5th July, 1937.1
This Act may be cited as the Designs Act. In this Act-
“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;
me inclusion of this page is authorized by L.N. 60119761
Cap. 97.
Aet 9 of 1975.
Short title.
Intcrpreta-
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.
PARTI
. Designs
3. There shall be kept at Le Registry a ,ook called “The Register of Designs” wherein shall be entered the names
Register of
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
Author of
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
design.
new or original design not previously published in this Island, and on payment of the prescribed fee, register the design under this Part.
[The inclusion of this page is authorized by L.N. 60/1976]
(2) The application must be made in such form as may be from time to time prescribed, and must be left at the Registry in the prescribed manner. (3) The application must contain a statement of the nature of the design, and the prescribed class or classes of goods in which the applicant desires that the design be registered. (4) The same design may be registered in more than one class. (5) In case of doubt as to the class in which a design ought to be registered, the Registrar may decide the quest ion. (6) The Registrar may, if he thinks fit, refuse to register any design presented to him for registration, but any person aggrieved by any such refusal may appeal there- from to a Judge in Chambers.
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
$g istrat ion.
grant a certificate of registration and the registered pro- prietor of the design shall, subject to the provisions of this Act, have copyright in the design during fifteen years from the registration of the design.
(2) Before delivery on sale of any articles to which a registered design has been applied, the proprietor must (if exact representations or specimens were not furnished
[The inclusion of this page is authorized by L.N. 60/1976]
Marking
z$iErd
Inspectionof, and fak-ing copiesof, regis-tered designs.
lnformation
as to
existenceof
copyright.
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
[The inclusion of this page is authorized by L.N. 60119761
of registration, and the name and address of the registered proprietor.
11.-(1) If a registered design is used in manufacture in Ceasingof
copyright
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. - (2)
At any time after the registration of a design any person interested may apply to the Registrar for the cancellation of the registration of the design on the ground that the design has been published in Jamaica prior to the date of the registration, and the Registrar may make such order on the application as he considers just. (3) An appeal shall lie from any order of the Registrar under this section to the Court, and the Registrar may at any time refer any such application to the Court for trial.
12.-( 1) During the existence of copyright in any design Pe alty on
pi
I$cyof
no person- registered
dc$ign.
- (a)
shall, without the licence or written consent of the registered proprietor, apply or cause to be applied such design or any fraudulent or obvious I imitation thereof, in the class or classes of goods in which such design is registered, for purposes of sale, to any article of manufacture, or to any substance, artificial or natural, or partly artificial and partly natural; (b) shall publish or expose for sale any article of manufacture or any substance to which such design or any fraudulent or obvious imitation thereof shall have been so applied, knowing that the same has been so applied without the consent of the registered proprietor.
[The inclusion of this page is authorized by L.N.60/1976] Trusts.
Scandalous design.
mendesign ~~
Entry of assi~nments
and pans-
~*SS~OIK
DESIGNS
(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.
PARTn. General
PARTI. Designs
- Register of Designs.
-
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.
- Marking registered designs.
-
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. [The inclusion of this page is authorized by L.N. 60/1976] Publication of quarterly list. Fe inclusion of this page is authorized by L.N. 60/1976]
THE 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;
me inclusion of this page is authorized by L.N. 60119761
Cap. 97.
Aet 9 of 1975.
tion.
91 1975
S. 2(a).
911975
S. 2(b).
B2
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 for registm-
tionof [The inclusion of this page is authorized by L.N. 60/1976] 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.
(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
[The inclusion of this page is authorized by L.N. 60/1976]
Marking
Inspectionof, and fak-ing copiesof, regis-tered designs.
lnformation
as to
existenceof
DESIGNS
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. [The inclusion of this page is authorized by L.N. 60119761
of registration, and the name and address of the registered proprietor.
11.-(1) If a registered design is used in manufacture in Ceasingof
12.-( 1) During the existence of copyright in any design Pe alty on
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.
Scandalous design.
into the Consolidated Fund. This Act may be cited as the Designs Act.
Short title.
Intcrpreta-
PARTI
Register of
Author of
design.
(2)
z$iErd
copyright.
copyright
At any time after the registration of a design any person interested may apply to the Registrar for the cancellation of the registration of the design on the ground that the design has been published in Jamaica prior to the date of the registration, and the Registrar may make such order on the application as he considers just. pi
dc$ign.
[The inclusion of this page is authorized by L.N.60/1976] Trusts.
and pans-
~*SS~OIK
DESIGNS
PARTn. General