Industrial Designs Act, 2001

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Chapter 5

Effect of Registration

Design right.

42.—(1) There shall be a property right to be known and in this Act referred to as a design right, which shall subsist in a registered design.

(2) The registered proprietor of a design shall be the owner of the design right in the design.

(3) The design right in a registered design shall also apply to any design which does not produce on the informed user a different overall impression, taking into consideration the degree of freedom the author had in developing the design.

(4) The design right shall confer on its owner the exclusive right to use the design and to authorise others to use it, including the right to make, offer, put on the market, import, export or use a product in which the design is incorporated or to which it is applied, or to stock such a product for those purposes.

(5) The design right shall not apply to the use of a component part of a complex product for the purpose of repair of that product so as to restore its original appearance.