Section 24
Rectification of Register
of Industrial Designs Act 1996
Subject to the provisions of this Act—
20 Laws of Malaysia ACT 552
(a)
the Court may, on the application in the prescribed manner, of any person aggrieved by or interested in the non-inclusion in or omission from the Register of any entry, or by or in any entry made in the Register without sufficient cause, or any entry wrongfully remaining in the Register, or any error or defect in any entry in the Register, make such order for including, making, expunging or varying any such entry or for the correcting of any such error or defect as it deems fit;
(b)
the Court may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the Register;
(c)
in case of fraud in the registration, assignment or transmission of a registered industrial design or if in his opinion it is in the public interest to do so, the Registrar may himself apply to the Court under this section;
(d)
an order of the Court rectifying the Register shall direct that notice of the order be served on the Registrar in the prescribed manner and the Registrar shall upon receipt of the notice rectify the Register accordingly.
(2)
Notwithstanding subsection (1), the Court shall not make any order on the application of a person other than the Registrar until notice of such application has been given to the Registrar who shall be entitled to appear and be heard on the application.
(3)
Any application for the rectification of the Register, which under subsection (1) is to be made to the Court and where the applicant is other than the Registrar himself, may, at the option of the applicant, be made in the first instance to the Registrar except where an action concerning the industrial design in question is pending.
(4)
The Registrar may at any stage of any application for rectification of the Register made to him refer any such application to the Court, or he may, after hearing the applicant in any such application and the owner as well where the applicant is a person other than the owner of the registered industrial design, determine the question between them.
Industrial Designs 21