Industrial Designs Act 1996 · Updated to 1 Jan 2013 · Part V · Rights of Owner, Assignment and Transmission
31. Joint ownership
Feedback & supportWhere 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.
industrial design
“industrial design” means features of shape, configuration, pattern or ornament applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged by the eye, but does not include— (a) a method or principle of construction; or (b) features of shape or configuration of an article which — (i) are dictated solely by the function which the article has to perform; or (ii) are dependent upon the appearance of another article Industrial Designs 9 of which the article is intended by the author of the design to form an integral part;
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—
registered industrial design
“registered industrial design” means an industrial design registered under this Act;
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
any such act shall not amount to an infringement of the registered industrial design.
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.
The provisions of this section shall have effect in relation to a right to apply for the registration an industrial design as they have
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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.