32
Intellectual Property Act, No. 36 of 2003
Provided that anything in an industrial design which serves
solely to obtain a technical result shall not be protected under
this Part.
Definition of
novelty.
31. (1) For the purpose of this Part a new industrial
design means an industrial design which had not been made
available to the public anywhere in the world and at any
time whatsoever through description, use or in any other
manner before the date of an application for registration of
such industrial design or before the priority date validly
claimed in respect thereof.
(2) An industrial design shall not be deemed to have
been made available to the public solely by reason of the
fact that, within the period of six months preceding the filing
of an application for registration, it had been a displaly at
an official or officially recognized, international exhibition.
(3) An industrial design shall not be considered a new
industrial design solely by reason of the fact that it differs
from an earlier industrial design in minor respects or that it
concerns a type of product different from a product
embodying an earlier industrial design.
CHAPTER IV
RIGHT TO PROTECTION OF INDUSTRIAL DESIGN
Ownership and
right to protection
of industrial
design.
32. (1) The right to obtain protection of an industrial
design belongs to its owner.
(2) Subject to provisions of section 34, the owner of an
industrial design or his successor in title is its creator .
(3) Where two or more persons have jointly created an
industrial design, the right to obtain protection shall belong
to them jointly :
Provided that a person who has merely assisted in the
creation of an industrial design but has made no contribution
of a creative nature shall not be deemed to be the creator or
a co-creator of such industrial design.
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