No. 4907 Government Gazette 23 March 2012 Act No. 1, 2012 57 INDUSTRIAL PROPERTY ACT, 2012 (2) A design for an article which is not intended to be multiplied for commercial purposes is not registrable under this Act. (3) No feature of an article insofar as it is necessitated solely by the function which the article is intended to perform, or no method or principle of construction may afford the registered owner of the design any rights under the registration. (4) A design which is contrary to public order or morality may not be registered, as contemplated in section 18 as if the design is an invention. Definition of novelty 94. (1) A design is new if it has not been disclosed to the public anywhere in the world, by publication in any form, or by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for registration. (2) For the purposes of subsection (1) disclosure to the public of the design may not be taken into consideration if it occurred within 12 months preceding the filing date or, where applicable, the priority date of the application, and if it was by reason or in consequence of – (a) acts committed by the applicant or his or her predecessor in title, or of an unauthorised disclosure; or (b) an abuse committed by a third party with regard to the applicant or his or her predecessor in title. PART 2 RIGHT TO LEGAL PROTECTION Right to legal protection 95. (1) Designs registered under this Act are entitled to protection as provided for in this Chapter but such protection does not exclude any other rights provided for in law, in particular rights derived from copyright. (2) Subject to this section and section 97, the right to apply for the registration of a design belongs to the creator of the design. (3) Where two or more persons have jointly created a design, the right to apply for registration belongs to them jointly. (4) Where two or more persons have created the same design independently of each other, the person whose application has the earliest filing date or, if priority is claimed, the earliest validly claimed priority date and which application leads to the registration of a design has the right to the design registration for the duration of the registration. (5) The right to apply for the registration of a design may be assigned, or may be transferred by succession or otherwise by operation of law.