Industrial Designs Order, 1999 · As enacted · Part III
Section 34
Official textFrom Attorney General's Chambers, unchanged
Any person who claims to have acquired any right in (l.
under an industrial design by virtue of any transaction, instrument or event to which this section applies is entitled as against any other person who claims to have acquired that right by virtue of an earlier transaction, instrument or event to which this section applies if, at the time of the later transaction, instrument or event -
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
Subsection (1) also applies to the case where any person claims to have acquired any right in or under an industrial design by virtue of a transaction, instrument or event to which this section applies, and that right is incompatible with any such right acquired by virtue of an earlier transaction, instrument or event to which this section applies.
13)
This section applies to the following transactions, instruments and events -
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{a/ the assignment of an industrial design or a right in or under it;
{b) the mortgage of an industrial design or the granting of security over it;
{c/ the grant, assignment or mortgage of a licence or sub-licence under an industrial design;
{d/ the death of the registered owner or one of the registered owners of an industrial design or any person having a right in or under an industrial design and the vesting by an assent of personal representatives of an industrial design or any such right; and
{e) any order or directions of a court or other competent authority transferring an industrial design.•or any right in or under it to any person and the event by virtue of which the court or authority had power to make any such order or give any such directions.
Terms defined in s 2
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