Industrial Designs Order, 1999 · s 46

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46.
(1)
Subject to subsections (2) and (3), the court may, on application by any person, order the registration of an industrial design to be revoked on the ground that the person whose name is entered in the Register as the owner of the industrial design is not entitled to be registered as the owner.
(2)
An application under subsection (1) may be made only by a person found by the court on a reference under section 41 to be entitled to be registered as the owner of the industrial design.
(3)
Where the reference under section 41 was commenced after the end of the period of two years beginning with the date of registration of the industrial design, the court may not order the revocation of the registration of the industrial design under this section unless the applicant shows that the person whose name is entered in the Register as the owner of the industrial design knew at the time of its registration or of the registration of the transfer of the industrial design to him that he was not entitled to be registered as the owner.

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s 46

(1)

Subject to subsections (2) and (3), the court may, on application by any person, order the registration of an industrial design to be revoked on the ground that the person whose name is entered in the Register as the owner of the industrial design is not entitled to be registered as the owner.

(2)

An application under subsection (1) may be made only by a person found by the court on a reference under section 41 to be entitled to be registered as the owner of the industrial design.

(3)

Where the reference under section 41 was commenced after the end of the period of two years beginning with the date of registration of the industrial design, the court may not order the revocation of the registration of the industrial design under this section unless the applicant shows that the person whose name is entered in the Register as the owner of the industrial design knew at the time of its registration or of the registration of the transfer of the industrial design to him that he was not entitled to be registered as the owner.