Industrial Designs Order, 1999

In this Order, unless the context otherwise requires -

"application for registration" means an application for registration of an industrial design made under section 15;

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61 29th. JANUARY, 2000 11article 11 means any article of manufacture and includes any part of an article if that part is made and sold separately;

"artistic work" shall be construed in accordance with section 6 of the Emergency {Copyright) Order, 1999, but does not include a layout design or an integrated circuit as respectively defined in section 2 of the Emergency (Layout

Designs) Order, 1999;

"assignment" means assignment· by act of the parties concerned;

"business" includes any trade or profession;

11Commencement 11

means the day appointed for the commencement of the main substantive .provisions of this

Order;

"corresponding industrial design", in relation to an artistic work, means an industrial design which if applied to an article would produce something which would be treated for the purposes of Part I of the Emergency (Copyright)

Order, 1999 as a copy of that work;

"court" means the High Court or an Intermediate Court;

"designer", in relation to an industrial design, means the person who creates it or, if there are two or more such persons, each of those persons;

"employee" means a person who works or, where the employment has ceased, worked under a contract of employment;

"employer", in relation to an employee, means the person by whom the employee is or was employed;

"exclusive licence" means a licence {whether general or limited) signed by or on behalf of the owner of an industrial design, authorising the licensee to the exclusion of all other persons, including the person granting the licence, to exercise in the manner authorised by that licence, any right which, under this Order, would otherwise be exercisable by such owner;

"filing date", in relation to an application for registration, means the date determined under section 16 as the filing date of the application;

"formal requirements" means such requirements of section 15 and of any rules designating requirements as formal requirements for the purposes of this Order;

"Government use" of an industrial design means any act done in relation to that industrial design under section 36;

"industrial design" means features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include -

fa} a method or principle of construction; or

[i)

are dictated solely by the function which the article has to perform; or

The Registrar may, in relation to a particular matter or class

Delegation by of matters, by writing under his hand, delegate all or any of his

Registrar.

powers or functions under this Order (except this power of delegation) to an Assistant Registrar of Industrial Designs or any public officer so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.

For the purposes of this Order, there shall be an office which shall be known as the Registry of Industrial Designs.