RELATIVE A LA PROTECTION DES INVENTIONS ET DES DESSINS

Act fi^Vofthe i6^ match i888.

An act to consolidate and amend the law reUUing to the Protectoraie of inventions and designs.

PART II. — Designs.

50. — In this Part, unless there is something in the subject or context :

(1) M Design » means some peculiar shape, configuration or form given to an article, or arrangement of Unes or the like used on or with an article, but not the article itsclf ;

(3) The author of any new and original design shall be considered the « proprietor » thereof, unless he executed the work on behalf of another person for a good or valuable considération, in which case that person shall be considered the « proprietor », and every person acquiring for a good or valuable considération a new and original design, or the right to apply the same to an article, either exclusively of any other person or otherwise, and also every person on whom the property in the design or the right to the application thereof shall devolve, shall be considered the *• proprietor « of the design in the respect in which the same may hâve been so acquired, and to that extent, but not otherwise; and

(4) « Secretary », •* District Court »» and « High Court »• hâve the same meanings as in Part I.

Applicaiion.

51. — (1) Any person, whether a Britisli subject or not, claiming to be the proprietor of any new and original design not previously published in British India, may apply to the Governor General in Gouncil for an order for the registration of the design.

(2) The application must be in writing in the form or to the effect of the fifth schedule, and must contain a statement of the nature of the design and be accompanied by as many copies of drawings, photographs or tracings thereof, not being fewer than four, as may be required by the rules for the timc being in force under this Part.

(3) It must be left with, or sent by post to, the Secretary, and the date of the delivery or receipt thereof in the office of the Secretary shall be endorsed thereon and recorded in that office.

Registration.

52. — (1) Upon the application the Govemal General in Gouncil may, after such inquiry as he thinks fit, make an order authorizing the registration of the design.

(2) When an order bas been made under sub-section (1), the Secretary shall cause the design to be registered in a book to be kept by him for the purpose and to be called the register of

designs.

(3) The date of registration shall be recorded in the register.

Marking registet^ed designs.

54. — (1) Before delivery on sale of any article to which a registered design has been applied, the proprietor of the design shall cause the article to be marked with the word » registered » either in fuU or in an abbreviated form.

(2) If he fails to cause the article to be so marked, the copy-

right in the design shall cease unless the proprietor shows that he took ail proper steps to ensure the marking of the article.

Exhibitions,

55. — If the proprietor of a design exhibited at an industrial or international exhibition, certified as such by the Governor General in Gouncil. causes an application for an order for the registration of the design to be delivered to or received by the Secretary within six months from the date of the admission of the design into that exhibition, the design shall not be decmed not to be a new and original design not previously published in British India within the meaning of section 51 by reason only of the design having been exhibited at the exhibition.

Mutation ofnames.

57. — (1) The registercd proprietor of a design may institute a suit in the District Court for tlie recovery of any damages arising from the application by any person to any article of the design or of any fraudulent or obvious imitation thereof for the purpose of sale, or from the publication, sale or exposure for sale by any person of any article to which the design, or any fraudulent or obvious imitation thereof, has been applied, that person knowing or having reason to believe that the proprietor had not given his consent to such application.

(2) When the Court makes a decree in a suit under this section, it shall seud a copy of the decree to the Secretary, who shall cause an entry thereof to be made in the register of designs.

Cessation of copy^Hght,

Rectification,

59. — (1) A High Ciourt may, on the application of any person aggrieved by an entry in the register of designs, or by the omission of an entry therefrom, make such order for the rectiflca-* tion of the register as it thinks ât.

(3) A copy of the order shall be forwarded by the Court to the Secretary, who shall cause an entry thereof to be made in the register of designs.

(4) When the Secretary is a party to an application under this section, the costs of another party thereto shall not be adjudged to be payable by the Secretary.

60. — A High Court to which an application has been made under the last foregoing section may stay proceedings on, or dismiss, the application if, in its opinion, the application would be disposed of more justly or conveniently by another High Court.

Application of provisions of part J.

61. — The provisions of the foUowing portions of Part I, namely :

(a) Section 11, with respect to copies of spécifications ;

{b) Section 14, with respect to the register of inventions and the matters entered therein ; and

(c) Section 47, with respect to the performance by an agent of any act required or authorized by that Part to be done by a principal,

Shall, so far as they can be made applicable, apply, respectively, to :

(a) Copies of drawings. photographs or tracings accompanying an application for an order for the registration of a design in respect of which such an order has been made ;

(b) The register of designs and the matters entered and documents referred to therein; and

Fées.

62. — (1) There shall be paid in respect of the several proceedings speciâed in the sixth schedule the fées in that schedule prescribed.

(2) The Govemor General in Gouncil may, if he thinks fit, reduce any of those fées and revoke or vary the réduction.

(3) The fées payable under this section shall be coUected by means of stamps or otherwise as the Governor General in Gouncil may direct.

(4) A proceeding in respect of which a fee is payable under

the sixth schedule shall be of no effect unless the fee bas

been paid.

Rules and for 7ns.

63. — The Governor General in Gouncil may make such rules and prescribe such forms as he thinks necessary for carrying out the purposes of this Part, and may alter or amend the form in the fifth schedule.

Signalons également la disposition suivante :

II. — Règlement concernant les inventions et les dessins (10 octobre 1895).