§12.6. Rights Conferred by Registration; Duration; Extension
a) The registration of an industrial design shall confer on its holder the right to prevent others from
exploiting the registered industrial design in Liberia. This right shall extend to designs that so
closely resemble the registered industrial design that they produce the same overall impression.
b) Where an industrial design is registered only for a part of a product that is integral and inseparable
from that product, infringement of the registered design shall be assessed taking into account the
overall aspect of the product embodying the registered design, and not just that part in isolation.
c) Nothing in this Section shall prevent a registered industrial design from enjoying any protection to
which it may be entitled under the law of copyright.
d) The rights conferred by the registration of an industrial design shall not extend to:
i.
acts in respect of a product that embodies the industrial design after the product has been
put on the market in Liberia or abroad by the registered holder or by a person acting with
the holder‟s consent or having an economic tie to the holder; to this effect an economic tie
shall exist between two persons where one of them may exercise on the other a decisive
influence with respect to the exploitation of the industrial design, or where a third party
may exercise such an influence on both persons;
ii. the use of the industrial designing the body or gear of aircraft, land vehicles or vessels that
temporarily or accidentally enter the jurisdiction of Liberia, or the importation of spare
parts or accessories for the purpose of repairing such aircraft, vehicles or vessels;
iii.
acts done privately and for non-commercial purposes;
iv.
acts done for purposes of teaching, education or scientific research in academic,
educational or research institutions;
v.
acts done only for experimental purposes relating to the industrial design;
vi.
the reproduction of any features of the industrial design that are dictated solely by
functional or technical considerations or that are necessary to fulfill a technical function or
purpose;
vii.
the reproduction of any features of the industrial design that must necessarily be
reproduced in their exact form in order to permit the product in which the design is
embodied to be mechanically connected to or placed in, around or against another product
so that each product may perform its function;
viii.
the reproduction of any features of an industrial design, that is embodied in a component
part of a complex product, where that part is used for the purpose of repairing that product
so as to restore its original appearance.
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