Industrial Designs Order, 1999 · s 35

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

35.
(1)
A person who in Brunei Darussalam before the filing date of an application for registration of an industrial design -
{a) does in good faith an act which would have constituted an infringement of the industrial design if it had been registered at the time the act was done; or
{b)
makes in good faith effective and serious preparations to do such an act, has the rights specified in subsection (2).
(2)
The rights referred to in subsection ( 1) are -
{a) the right to continue to do or, as the case may be, to do the act referred to in subsection (1);
{b) if such act was done, or such preparations had been made, by an individual in the course of a business-
(i)
the right to assign the right to do the act or to transfer such right on death; and
(ii)
the right to authorise the doing of the act by any of his partners for the time being in the business in the course of which the act was done or the preparations had been made; and
Rights of third parties to continue use of industrial designs.

Use by
Government for security, defence, etc.
(3)
The rights specified in subsection (2) shall not include the right to grant a licence to any person to do an act referred to in subsection (1).
(4)
Where an article is disposed of to another person in exercise of a right conferred by subsection (2), that other person and any person claiming through him may deal with the article in the same way as if it had been disposed of by the owner of the industrial design concerned.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 35

(1)

A person who in Brunei Darussalam before the filing date of an application for registration of an industrial design -

{a) does in good faith an act which would have constituted an infringement of the industrial design if it had been registered at the time the act was done; or

{b)

makes in good faith effective and serious preparations to do such an act, has the rights specified in subsection (2).

(2)

The rights referred to in subsection ( 1) are -

{a) the right to continue to do or, as the case may be, to do the act referred to in subsection (1);

{b) if such act was done, or such preparations had been made, by an individual in the course of a business-

(i)

the right to assign the right to do the act or to transfer such right on death; and

(ii)

the right to authorise the doing of the act by any of his partners for the time being in the business in the course of which the act was done or the preparations had been made; and

Rights of third parties to continue use of industrial designs.

Use by

Government for security, defence, etc.

(3)

The rights specified in subsection (2) shall not include the right to grant a licence to any person to do an act referred to in subsection (1).

(4)

Where an article is disposed of to another person in exercise of a right conferred by subsection (2), that other person and any person claiming through him may deal with the article in the same way as if it had been disposed of by the owner of the industrial design concerned.