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Contents

Long Title

Part I PRELIMINARY

Part II REGISTRATION OF DESIGNS

Division 1 — Ownership of Designs

Division 2 — Registrable Designs

Division 3 — Proceedings for Registration

Division 4 — Duration of Registration

Division 5 — Proceedings for Determination of Rights in Registered Designs

Division 6 — Surrender and Revocation of Registration

Division 7 — Miscellaneous

Part III RIGHTS IN REGISTERED DESIGNS

Division 1 — Rights of Registered Owner of Registered Design

Division 2 — Registered Design as Object of Property

Division 3 — Infringement Proceedings

Part IV GOVERNMENT USE OF REGISTERED DESIGNS

Part V ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS

Division 1 — Registrar

Division 2 — Register

Division 3 — Powers of Registrar

Division 4 — Hours of Business of Registry

Part VA THE GENEVA ACT OF THE HAGUE AGREEMENT, ETC

Part VI OFFENCES

Part VII MISCELLANEOUS AND GENERAL PROVISIONS

THE SCHEDULE Transitional Provisions

Legislative Source Key

Legislative History

Comparative Table

 
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On 25/11/2014, you requested the version in force on 25/11/2014 incorporating all amendments published on or before 25/11/2014. The closest version currently available is that of 13/11/2014.
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Determination of rights after registration
23.
—(1)  After a design is registered, any person having or claiming an interest in the design may apply to the Court to determine —
(a)
who is the true owner of the design;
(b)
whether the design should have been registered in the name of the person in whose name it was registered; or
(c)
whether any right in the design should be transferred or granted to any other person,
and the Court shall determine the question and may make such order as it considers appropriate to give effect to the determination.
(2)  Without prejudice to the generality of subsection (1), an order referred to in that subsection may contain one or more of the following directions:
(a)
that the name of the applicant be entered in the Register as the owner or one of the owners of the design (whether or not to the exclusion of any other person);
(b)
that the transaction by virtue of which that person has acquired any right in the design be registered;
(c)
that a licence for the use of the design be granted; and
(d)
that the registered owner of the design or any person having any right in the design carry out such act as the Court considers appropriate to give effect to any directions in the order.
(3)  If any person to whom a direction referred to in subsection (2) (d) was given fails to comply with the direction within 14 days after the date of the order, the Court may, on application made to it by any person in whose favour or on whose application the order was made, authorise the second-mentioned person to do that thing on behalf of the person to whom the direction was given.
(4)  If an application under this section is made after the end of the period of 2 years from the date of issue of the certificate of registration referred to in section 18 (c) in respect of the design in question, no order shall be made under subsection (1) transferring any right in the design from the registered owner to any other person on the ground that the registered owner was not entitled to be registered as the owner, unless it is shown that the registered owner knew at the time of the registration or of the transfer of the design to him, as the case may be, that he was not entitled to be registered as the owner.
(5)  The Court shall not make any order under subsection (1) unless notice of the application has first been given to —
(a)
the registered owner of the design; and
(b)
each person registered as having a right in the registered design who is not a party to the application.
[HK Designs, s. 41; Patents 1995 Ed., s. 47]