Industrial Designs Order, 1999 · s 44

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s 44

(1)

Any person may at any time after an industrial design has been registered under this Order refer to the court for determination the question of wH.ether, having regard to section 11, the industrial design is a registrable industrial design.

(2)

Without prejudice to the jurisdiction of the court apart from this subsection to determine any such question, the court shall have jurisdiction to do so.

(3)

If the court determines that the industrial design is not a registrable industrial design under section 11, it shall order the registration of the industrial design to be revoked.

(4)

Any person may oppose a reference made under sub-section ( 1).