536 No. 22 of 2016] Industrial Design PART VI DESIGNS BY EMPLOYEES Design created by employee 45. (1) Subject to the other provisions this Act or a contract of employment or service, the right to a design created by an employee, in the performance of such employee’s contract, shall belong to the employer or the person who commissioned the work, as the case may be, except that, where the design acquires an economic value much greater than the parties could reasonably have foreseen at the time of concluding the contract, the employee shall be entitled to an equitable remuneration to be agreed upon by the parties or in default, to be determined by the court. (2) Where an employee, whose employment or service contract does not require the employee to engage in any creative activity, creates a design using resources or means placed at the employee’s disposal by the employer, the right to the register such design shall belong to the employer, subject to any provision to the contrary in the contract. (3) A design, created by an employee without any relation to an employment or service contract, and without the use of the employer’s resources, shall belong to the employee. (4) In determining equitable remuneration, as referred to in subsection (1), the court shall, among other things, take into account the following: (a) the nature of the employee’s duties, the employee’s remuneration and any other rights conferred on the employee by contract or this Act; (b) the effort and skill which the employee devoted to creating the design; (c) the effort and skill which any other person contributed to the creating of the design; and (d) any contribution made by the employer in creating the design. (5) The rights conferred on an employee, in accordance with this Part, shall not be restricted by contract. Design created by Government employee 46. (1) The provisions of section forty-five shall, with the necessary modifications and subject to other laws, apply to a Government employee. (2) In this section, “Government employee” includes a person employed in a Government ministry, department or unit and a statutory body or any other Government agency.