A.42 Registration of design Right to industrial design 50. (1) Where, following the examination referred to in section 49, the Registrar is satisfied that the requirements of this Act have been fulfilled, he or she shall register the design. (2) Where the Registrar registers a design, he or she shall, within such time as may be prescribed — (a) issue, to the applicant, a certificate of registration of the design; (b) record such registration in the register; and (c) publish, in the Journal, a reference to the registration of the design. (3) Notwithstanding the provisions of subsection (2), where a request has been made under section 46 (5) for deferment of publication, the representation of the design or any file relating to the application shall not, upon registration of the design, be open for public inspection; and in this case, the Registrar shall publish, in the Journal, a mention of the deferment of the publication of the industrial design and information identifying the registered owner of the design, and indicating the filing date of the application, the length of the period for which deferment has been requested, and such other particulars as may be prescribed. (4) At the expiry of the period of deferment, the Registrar shall publish, in the Journal, the registered design. (5) The institution of legal proceedings on the basis of a registered design during the period of deferment of publication shall be subject to the condition that the information contained in the register and in the file relating to the application has been communicated to the person against whom the action is brought. (6) An application which, owing to any default or neglect on the part of the applicant, has not been completed within the prescribed period shall be deemed to have been abandoned. 51. (1) The right to a design shall belong to the owner of the design. (2) If two or more persons have made a design jointly, the right to the design shall belong to them jointly. (3) Where two or more persons have made the same design but independently of each other, the person whose application bears the earliest filing date, or, if priority is claimed, the person whose application bears the earliest validly claimed priority date shall, unless that application is abandoned, withdrawn or rejected by the Registrar, have the right to the design. (4) Where a design is made in execution of a contract of employment, the right to the design shall, in the absence of any agreement to the contrary, belong to the employer. (5) The owner of a design shall be named as such in the design, unless, in a special declaration in writing signed by him or her and addressed to the Registrar, he or she indicates that he or she wishes not to be named, and any promise or undertaking by the owner of the design made to any person to the effect that he or she will make such a declaration shall be without legal effect.

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