On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 31/07/2005.
32.
—(1) A registered design or any right in it is personal property and may be assigned or transmitted in the same way as other personal property.
(2) A registered design or any right in it may be vested by an assent of personal representatives.
(3) A licence may be granted for the use of a registered design and, to the extent that the licence so provides, a sub-licence may be granted under any such licence.
(4) Any such licence or sub-licence —
(a)
may be assigned or transmitted in the same way as personal property; and
(b)
may be vested by an assent of personal representatives.
(5) Subsections (1) to (4) shall have effect subject to this Act.
(6) An assignment of a design or a right therein, or an assent relating to a registered design or a right therein, is not effective unless it is in writing and signed by or on behalf of the assignor or, as the case may be, a personal representative.
(7) Subsection (6) may be satisfied in a case where the assignor or personal representative is a body corporate by the affixing of its seal.
(8) Subsections (6) and (7) shall apply to an assignment by way of security as they apply to any other assignment.
(9) An assignment of a registered design or any right in it, or an exclusive licence in relation to a registered design, may confer on the assignee or licensee the right of the assignor or licensor to bring proceedings under section 23 or 36.
[HK Designs, s. 32]
33.
—(1) Subject to any agreement to the contrary, where there is more than one registered owner of a registered design, each of them shall be entitled to an equal undivided share in the rights in the design.
(2) Subject to this section and to any agreement to the contrary, where there is more than one registered owner of a registered design, each of them shall be entitled, by himself or his agent, to do in relation to the design and for his own benefit and without the consent of, or the need to account to, the other or others, an act which would otherwise amount to an infringement of the design.
(3) Subject to any agreement to the contrary, where there is more than one registered owner of a registered design, no registered owner shall, without the consent of each of the others, grant a licence for the use of the design or assign any interest in it.
(4) Nothing in subsection (1) or (2) shall affect the mutual rights or obligations of trustees or personal representatives of a deceased person, or their rights or obligations as such.
[HK Designs, s. 33]
34.
—(1) On application being made to the Registrar by —
(a)
a person claiming to be entitled to any interest in a registered design by virtue of a registrable transaction; or
(b)
any other person claiming to be affected by such a transaction,
the prescribed particulars of the transaction shall be entered in the Register.
(2) The following are registrable transactions under subsection (1):
(a)
an assignment of a registered design or any right in it;
(b)
the grant of a licence or sub-licence for the use of a registered design;
(c)
the grant of any security interest (whether fixed or floating) over a registered design or any right in it;
(d)
the making by personal representatives of an assent in relation to a registered design or any right in it;
(e)
an order of the Court or other competent authority transferring a registered design or any right in it.
(3) Until an application has been made for registration of the prescribed particulars of a registrable transaction, the transaction is ineffective as against a person acquiring a conflicting interest in the registered design in ignorance of it.
(4) Notwithstanding any provision of this Act, a person who becomes the registered owner or licensee of a registered design by virtue of a registrable transaction is not entitled to —
(a)
damages or account of profits in respect of any infringement of the registered design occurring after the date of the transaction and before the date of application for registration of the prescribed particulars of the transaction; or
(b)
compensation under section 46, pursuant to terms as agreed between the Government and the registered owner, or as determined by the court, in respect of the use of the design for the services of the Government occurring after the date of the transaction and before the date of application for registration of the prescribed particulars of the transaction.
[Trade Marks 1999 Ed., s. 39]
35.
—(1) Sections 32, 33 and 34 shall, with the necessary modifications, apply in relation to an application for registration of a design as they apply in relation to a registered design.
(2) For the purposes of subsection (1), the reference in section 34 to the making of an application for registration of particulars shall be construed as a reference to the giving of a written notice to the Registrar in the prescribed manner of particulars of the relevant transaction, instrument or event relating to the application for registration.