Section 8

Any transmission of a registered industrial design or an application for the registration of an industrial design is subject to any rights vested in any other person of which notice is entered in the Register or of which notice is given to the Registrar.

An assignment of a registered industrial design or an application for the registration of an industrial design shall not be effective unless it is in writing and signed by or on behalf of the assignor and the assignee or, as the case may be, a personal representative thereof.

Subsection (3) shall apply to assignment by way of security as in relation to any other assignment.

A registered industrial design may be the subject of a security interest in the same way as other personal or moveable property.

The owner of a registered industrial design may grant a licence to any person to use that registered industrial design.

Any rights in respect of a registered industrial design may be enforced in like manner as in respect of any other personal or moveable property.

Recording of assignment, etc.

a registered industrial design by way of an assignment or transmission or by operation of law or by a security interest transaction; or

an application for the registration of an industrial design by way of an assignment or transmission, he shall apply to the Registrar in the prescribed manner to record his title or interest in the Register.

The Registrar shall record the particulars of the title or interest referred to in subsection (1) in the Register.

JW000084 A1449 (BI).indd 5 1/22/13 9:21:11 AM

No assignment or transmission or operation of law or security interest transaction in respect of a registered industrial design shall have effect against third parties unless recorded in the Register.”.

Amendment of section 35