Industrial Designs Order, 1999 · As enacted
Section 44
Official textFrom Attorney General's Chambers, unchanged
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.
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
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.
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.
Any person may oppose a reference made under sub-section ( 1).
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