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Section 31

Joint ownership

of Industrial Designs Act 1996

ActIn forceProvision 32 of 51
Section 31
(1)

Where an industrial design is registered in favour of two or more persons, each of them shall, subject to any agreement between them to the contrary, be entitled to an equal undivided share in the registered industrial design.

(2)

Where two or more persons are joint owners of a registered industrial design, then, subject to this section and to any agreement between them to the contrary—

(a)

each of them shall be entitled, by himself or through his agents, to do any act, for his own benefit and without the consent of or the need to account to the other or others, which would apart from this subsection amount to an infringement of the registered industrial design; and

(b)

any such act shall not amount to an infringement of the registered industrial design.

(3)

Where two or more persons are joint owners of a registered industrial design, then, subject to any agreement between them to the contrary, none of them shall without the consent of the other or others grant a licence with respect to the use of the registered industrial design, or assign or mortgage his interest in the registered industrial design.

(4)

The provisions of this section shall have effect in relation to a right to apply for the registration an industrial design as they have

Industrial Designs 25

effect in relation to a registered industrial design, and references to a registered industrial design shall include references to a right to apply for the registration of an industrial design.