Industrial Designs Order, 1999 · As enacted
Section 41
Official textFrom Attorney General's Chambers, unchanged
After an industrial design has been registered, any person having or claiming a proprietary interest in or under it may refer to the court the question -
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
{a) who is or are the true owner or owners of the industrial design;
{b) whether the industrial design should have been registered in the name of the person or persons in whose name or names it was registered; or
{c) whether any right in or under the industrial design should be transferred or granted to any other person or persons, and the court shall determine the question and make such order as it thinks fit to give effect to the determination.
Without prejudice to the generality of subsection (1), an order under that subsection may contain provision -
{a) directing that the name of the person by whom the reference is made shall be entered in the Register as the owner or one of the owners of the industrial design (whether or not to the exclusion of any other person);
{b) directing the registration of a transaction, instrument or event by virtue of which that person has acquired any right in or under the indusfrial design;
{c)
granting any licence or other right in or under the industrial design; or
{d)
directing any person registered as the owner of the industrial design or any person having any right in or under it to do anything specified in the order as necessary to carry out the other provisions of the order.
If any person to whom a direction has been given under paragraph {d) of subsection (2) fails to do anything necessary for carrying out any such direction within fourteen days after the date of the order containing the direction, the court may, on application made to it by any person in whose favour or on whose reference the order was made, authorise him to do that thing on behalf of the person to whom the direction was given.
If a reference under this section is made after the end of the period of two years beginning with the date of registration of the industrial design to which the reference ·relates, no order shall be made under subsection ( 1) transferring any right in or under the industrial design from the person registered as the owner of the industrial design to any other person on the ground that the person so registered was not entitled to be registered as the owner unless it is shown that he knew at the time of the registration or, as the case may be, of the transfer of the industrial design to him, that he was not entitled to be registered as the owner.
Where a question is referred to the court under this section, no order shall be made under subsections (2) or (4) unless notice of the reference is given to all persons registered as owner of the industrial design or as having a right in or under the registered industrial design except those who are parties to the reference.
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 VI