Cap. 417 чл. 133Repeal of Industrial Property (Protection) Ordinance, and transitory provision.

(1) Subject to the provisions of this article, the Industrial

Property (Protection) Ordinance is hereby repealed.

(2) In this article:

"existing registered design" means a design, registered under the

Industrial Property (Protection) Ordinance immediately before the commencement of Parts XVIII to XXIV of this Act; "former register" means the register kept under the old law; "new register" means the register kept under Parts XVIII to XXIV of this Act; "old law" means the Industrial Property (Protection) Ordinance and any other enactment or rule of law applying to existing registered designs immediately before the commencement of Parts XVIII to XXIV of this Act.

(3) For the purposes of this article -

(a) an application shall be treated as pending on the coming into force of Parts XVIII to XXIV of this Act, if it was made but not finally determined before such coming into force; and

(b) the date on which it was made shall be taken to be the date of filing under the old law.

(4) Existing registered designs shall, on the commencement of this article, be transferred to the new register and subject to the provisions of this article, shall have effect as if they were registered under Parts XVIII to XXIV of this Act.

(5) Proceedings under the old law which are pending on the commencement of this article shall be dealt with under the Old Law and any necessary alteration pursuant to such proceedings shall be made to the new register.

(6) (a) Upon the coming into force of this article, articles 75

and 76 of this Act shall apply in relation to, an existing registered design and subject to paragraph (b), article 113 shall apply in relation to any infringement of an existing registered design committed after the commencement of this article.

(b) After the coming into force of this article, it shall not be an infringement of -

(i) an existing registered design, or

(ii) a registered design of which the distinctive elements are the same or substantially the same as those of an existing registered design, to continue with any use which did not amount to infringement of the existing registered design under the old law.

(7) Article 114 shall apply to infringing goods, material or products whether made before or after the commencement of this article.

(8) Article 86 shall apply to licences granted before the commencement of this article, but only in relation to infringement committed after its commencement.

a (9) The provisions of article 80 shall apply as from the commencement of this article to an existing registered design of which two or more persons were immediately before the commencement of this article registered as joint proprietors.

(10) (a) Article 81 shall apply to transactions and events occurring after the commencement of this article in relation to an existing registered design; and the old law shall continue to apply in relation to transaction and events occurring before its commencement.

(b) Where, before the commencement of this article a person become entitled by assignment or transmission to an existing registered design but has not registered his title, any application for registration of an assignment after its commencement shall be made under article 83.

(11) Articles 84 and 85 shall apply only in relation to licences granted after the commencement of this article.

(12) An application for registration of a design under the old law which is pending on the commencement of this article shall be dealt with under the old law, and, when registered, the design shall be treated for the purposes of this article as an existing registered design.

(13) (a) In the case of a pending application for registration filed before the commencement of this article the applicant may give notice to the Comptroller demanding to have the registrability of the mark determined in accordance with the provisions of Parts XVIII to XXIV of this Act.

(b) The notice must be accompanied by the appropriate fee and be given no later than six months after the commencement of this article.

(c) Notice duly given shall be irrevocable and shall have the effect that the application shall be treated as if made immediately after the commencement of this article.

(14) The Comptroller may exercise the powers conferred by this Act to ensure that any existing registered designs which do not conform to the system of classification prescribed under article 90 are brought in conformity with such system.

(15) Article 91 shall apply to an application for registration under this Act made after the commencement of this Part notwithstanding that the Convention application was made before commencement.

(16) Articles 72 and 73 shall apply in relation to the registration of a design in pursuance of an application made after the commencement of this article: Provided that in the case of a design registration under the old law, whose term of protection has not yet expired at the coming into force of this article registration may be renewed as provided for in articles 72 and 73.