Industrial Designs Order, 1999 · As enacted
Section 61
Official textFrom Attorney General's Chambers, unchanged
Ill Where under this Order a person has an option to make an application either to the court or to the Registrar on a question concerning an industrial design, or an application for registration of an industrial design, then-
{a) if any proceeding concerning the industrial design or application for registration is pending before the court, the application shall be made to the court; and
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
{b) if in any other case the application is made to the
Registrar, he may, at any stage of the proceedings, refer the application to the court, or he may, after hearing the parties, determine the question, subject to appeal to the court.
Subsection (1) is without prejudice to the powers of the court, apart from this section, to determine any question referred to in that subsection.
Terms defined in s 2
application for registration
Defined · s 2"application for registration" means an application for registration of an industrial design made under section 15; 61 29th. JANUARY, 2000 11article 11 means any article of manufacture and includes any part of an article if that part is made and sold separately;
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