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Designs Bill 2003

Part 3 Ownership of designs

   

13   Who is entitled to be registered as the registered owner of a design

             (1)  A person mentioned in any of the following paragraphs is entitled to be entered on the Register as the registered owner of a design that has not yet been registered:

                     (a)  the person who created the design (the designer );

                     (b)  if the designer created the design in the course of employment, or under a contract, with another person—the other person, unless the designer and the other person have agreed to the contrary;

                     (c)  a person who derives title to the design from a person mentioned in paragraph (a) or (b), or by devolution by will or by operation of law;

                     (d)  a person who would, on registration of the design, be entitled to have the exclusive rights in the design assigned to the person;

                     (e)  the legal personal representative of a deceased person mentioned in paragraph (a), (b), (c) or (d).

             (2)  Despite subsection (1), a person is not entitled to be entered on the Register as the registered owner of a design that has not yet been registered if:

                     (a)  the person has assigned all of the person’s rights in the design to another person; or

                     (b)  the person’s rights in the design have devolved on another person by operation of law.

             (3)  To avoid doubt:

                     (a)  more than one person may be entitled to be entered on the Register as the registered owner of a design; and

                     (b)  unless the contrary intention appears, a reference to the registered owner of a registered design in this Act is a reference to each of the registered owners of the design.

             (4)  No person other than a person mentioned in paragraph (1)(a), (b), (c), (d) or (e) is entitled to be entered on the Register as the registered owner of a design that has not yet been registered.

14   Ownership of registered designs

             (1)  The registered owner of a registered design at a particular time is:

                     (a)  the person who, at that time, is entered in the Register as the registered owner of the design; or

                     (b)  if, at that time, there are 2 or more such persons—each of them.

             (2)  If there are 2 or more registered owners of a registered design:

                     (a)  each of them is entitled to an equal, undivided share in the exclusive rights in that design; and

                     (b)  subject to paragraph (c), each registered owner is entitled to exercise the exclusive rights in the design to the registered owner’s own benefit without accounting to the others; and

                     (c)  none of them can grant a licence to exercise the exclusive rights in the design, or assign an interest in the design, without the consent of the others.

             (3)  If a product that embodies a registered design is sold by any of 2 or more registered owners of the design, the buyer, and a person claiming through the buyer, may deal with the product as if it had been sold by all the registered owners.

             (4)  Subsection (2) is subject to any contrary agreement between the registered owners of a registered design.