Industrial Designs Act, 2001
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Registration and publication of assignments, licences, etc. |
41.—(1) Where a person becomes entitled by assignment, transmission or operation of law to the design right in a design or to a share in that design right, or becomes entitled as mortgagee, licensee or otherwise to any other interest in the design right in a design, he or she shall apply to the Controller in the prescribed manner for the registration of his or her title as proprietor or co-proprietor or, as the case may be, of notice of his or her interest, in the Register. | |
(2) Without prejudice to subsection (1), an application for the registration of the title of a person becoming entitled by assignment to the design right in a design or a share in that design right, or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in the design right in a design, may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may be. | ||
(3) Where an application is made under this section for the registration of the title of any person, the Controller shall, upon proof of title to his or her satisfaction— | ||
(a) where that person is entitled to the design right in a design or a share in that design right, register him or her in the Register as proprietor or co-proprietor of the registered design, and enter in the Register particulars of the instrument or event by which he or she derives title, or | ||
(b) where that person is entitled to any other interest in the design right, enter in the Register notice of his or her interest, with particulars of the instrument (if any) creating it, | ||
and shall publish the entry in the prescribed manner. | ||
(4) Except for the purposes of an application to rectify the Register under section 33 or 34 of this Act, a document in respect of which no entry has been made in the Register under subsection (3) shall not be admitted in court as evidence of the title of a person to the design right in a design or share of or interest in the design right in a design unless the court otherwise directs. |