Cap. 417 Art. 80Co-ownership of registered design.

(1) Where a registered design is granted to two or more a persons jointly, each of them is entitled, subject to any agreement to the contrary, to an equal undivided share in the registered design.

(2) The following provisions apply where two or more persons are co-proprietors of a registered design, by virtue of subarticle (1) or otherwise.

(3) Subject to any agreement to the contrary, each co-proprietor is entitled, personally or through his agents, to do for his own benefit and without the consent of or the need to account to any other co-proprietor, any act which would otherwise amount to an infringement of the registered design.

(4) Notwithstanding the provisions of subarticle (3), a co-proprietor may not without the consent of the other or others -

(a) grant a licence to use the registered design, or

(b) assign or cede control of his share in the registered design.

(5) Infringement proceedings may be brought by any co-proprietor, but a co-proprietor may not, with the leave of the Court, proceed with the action unless the other, or each of the other co-proprietors, is joined in the suit.

A co-proprietor who is thus joined in the suit shall not be liable for any costs in the action.

Nothing in this subarticle affects the making of any precautionary warrant on the application of a single co-proprietor.

(6) Nothing in this article affects the rights and obligations of trustees or personal representatives, or their rights and obligations as such.