Cap 522 s 41 Determination of rights after registration (REGISTERED DESIGNS ORDINANCE)

Contents of Section

Chapter:	522	Title:	REGISTERED DESIGNS ORDINANCE	Gazette Number:
Section:	41	Heading:	Determination of rights after registration	Version Date:	30/06/1997

Proceedings for determination of rights in registered designs

(1) After a design is registered, any person having or claiming a proprietary interest in or under the design may refer to the court the question-

(a) who is or are the true owner or owners of the design;

(b) whether the design should have been registered in the name of the person or persons in whose name or names it was registered; or

and the court shall determine the question and make such order as it thinks fit to give effect to the determination.
(2) Without prejudice to the generality of subsection (1), an order under that subsection may contain provision-

(a) directing that the name of the person by whom the reference is made shall 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) directing the registration of a transaction, instrument or event by virtue of which that person has acquired any right in or under the design;

(d) directing any person registered as the owner of the design or any person having any right in or under the design to do anything specified in the order as necessary to carry out the other provisions of the order.

(3) If any person to whom directions have been given under subsection (2)(d) fails to do anything necessary for carrying out any such directions within 14 days after the date of the order containing the directions, the court may, on application made to it by any person in whose favour or on whose reference the order was made, authorize him to do that thing on behalf of the person to whom the directions were given.
(4) If a reference under this section is made after the end of the period of 2 years beginning with the date of registration of the design to which the reference relates, no order shall be made under subsection (1) transferring any right in or under the design from the person registered as the owner of the design to any other person on the ground that the person so registered was not entitled to be registered as the owner unless it is shown that he knew at the time of the registration or, as the case may be, of the transfer of the design to him, that he was not entitled to be registered as the owner.
(5) Where a question is referred to the court under this section, no order shall be made by virtue of subsection (2) or under subsection (4) unless notice of the reference is given to all persons registered as owner of the design or as having a right in or under the registered design except those who are parties to the reference.