Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 417 · Patents And Designs Act (Cap. 417)

Cap. 417 Art. 82Registrations of transactions affecting a registered design.

PART XIX

In KraftAmtlicher Text

(1) On application being made to the Comptroller by a person claiming to be entitled to an interest in or under a registered design by virtue of a registrable transaction, or any other person claiming to be affected by such a transaction, the relevant details of the transaction shall be entered in the register.

(2) The following are registrable transactions:

(a) an assignment of a registered design or any right therein;

(b) the grant of a licence under a registered design;

(c) the transfer of a registered design by testamentary disposition;

(d) an order of a Court or other competent authority transferring a registered design or any right in or under it.

(3) Until an application has been made for registration of a registrable transaction -

(a) the transaction is ineffective as against a person acquiring in good faith a conflicting interest in the registered design, and

(b) articles 86 or 87 shall not apply in respect of a person claiming to be a licensee by virtue of the transaction.

(4) Where a person becomes the proprietor or a licensee of a registered design by virtue of a registrable transaction, he shall not be entitled to damages or an account of profits in respect of any infringement of the registered design occurring after the date of the registrable transaction and before the transaction is registered, unless:

(a) an application for registration of the transaction is made before the end of the period of six months beginning with the date of the transaction, or

(b) the Court is satisfied that it was not practicable for such an application to be made before the end of that period and that an application was made as soon as possible thereafter.