Industrial Designs Order, 1999 · As enacted · Part III
32. (1}
Official textFrom Attorney General's Chambers, unchanged
An industrial design and any right in or under it is property within the meaning of paragraph (a) of the definition of "property" in subsection ( 1} of section 3 of the Interpretation and General Clauses
industrial design
"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
Act and, subject to this Order, is transferable by assignment or transmission in the same way as any other property, in accordance with subsections (2) to (6). It is so transferable either in connection with the goodwill of a business or independently.
(2}
Subject to this Order, any industrial design, and any right in or under it, may be assigned or mortgaged.
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j3) Subject to this Order, a licence may be granted under any industrial design for the use of the industrial design and-
Any assignment or mortgage of an industrial design or any right in or under it, whether total or partial, is not effective unless it is in writing and signed by or on behalf of the assignor or, in the case of a body corporate, so signed or under the seal of that body.
An assignment of an industrial design or of a share in it, and an exclusive licence granted under any industrial design, may confer on the assignee or licensee the right of the assignor or licensor to bring proceedings for a previous infringement.
exclusive licence
"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;
(6}
A licence granted in respect of industrial design rights by the owner of the rights is binding on every successor in title to the interest in the rights of such owner, except -
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{a) a purchaser in good faith for valuable consideration and without notice, actual or constructive, of the licence; and
{b) a person deriving title from such a purchaser, to the same extent as the licence was binding on the grantor.
Nature of industrial design.
Cap.
4.
Co-ownership of industrial designs.
Transactions affecting rights in industrial designs.
Terms defined in s 2
business
Defined · s 2"business" includes any trade or profession; 11Commencement 11 means the day appointed for the commencement of the main substantive.provisions of this Order;
exclusive licence
Defined · s 2"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;
industrial design
Defined · s 2"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
Part IV
Use by Government of Industrial Designs
Part VI