Contents of Section

Chapter:

522 PDFTitle:REGISTERED DESIGNS ORDINANCEGazette Number:
Section:34Heading:Transactions affecting rights in registered designsVersion Date:30/06/1997

(1) Any person who claims to have acquired any right in or under a registered design by virtue of any transaction, instrument or event to which this section applies shall be entitled as against any other person who claims to have acquired that right by virtue of an earlier transaction, instrument or event to which this section applies if, at the time of the later transaction, instrument or event-

        (a) application has not been made for the registration of particulars concerning the earlier transaction, instrument or event; and
        (b) the person claiming under the later transaction, instrument or event did not know of the earlier transaction, instrument or event.
(2) Subsection (1) shall apply equally to the case where any person claims to have acquired any right in or under a registered design by virtue of a transaction, instrument or event to which this section applies, and that right is incompatible with any such right acquired by virtue of an earlier transaction, instrument or event to which this section applies.
(3) This section applies to the following transactions, instruments and events-
        (a) the assignment of a registered design or a right in or under it;
        (b) the mortgage of a registered design or the granting of security over it;
        (c) the grant or assignment of a licence or sub-licence or mortgage of a licence or sub-licence under a registered design;
        (d) the death of the registered owner or one of the registered owners of a registered design or any person having a right in or under a registered design and the vesting by an assent of personal representatives of a registered design or any such right; and
        (e) any order or directions of a court or other competent authority transferring a registered design or any right in or under it to any person and the event by virtue of which the court or authority had power to make any such order or give any such directions.