Industrial Design [No. 22 of 2016 527 20. Where copyright subsists in an artistic work and an application for the registration of a corresponding design is made by or with the consent of the owner of the copyright, the design shall, for the purpose of this Act, be treated as new despite the artistic work being previously made use of, unless the previous use— (a) of the artistic work consisted of or included selling, hiring, or offering to sale or hire articles to which the design is different only in immaterial details; or Subsisting of copyright in artistic work (b) was done by the owner of the artistic work or with the owner’s consent. PART IV APPLICATION FOR REGISTRATION OF DESIGN 21. An application for registration of a design, may be filed with the Agency, in a prescribed form and manner by any of the following: Persons entitled to apply for registration of design (a) a person claiming to be a creator of the design; (b) an assignee of the person claiming to be a creator; (c) a legal representative of a creator of a design or assignee; (d) two or more persons who claim to be the creators of the design, as specified in section twenty-two; or (e) a successor in title to a creator of a design or assignee. 22. (1) An application for the registration of a design may be filed by two or more creators who have jointly created a design. Application by joint creators (2) An application, referred to in subsection (1), shall be made notwithstanding that — (a) the creators of the design did not physically work together when coming up with the design; or (b) the creators of the design did not make equal contribution to the creation of the design. 23. (1) An application for the registration of a design shall be filed in accordance with section twenty-one, accompanied by a prescribed fee. (2) Where one or more of the creators who jointly created a design, as provided in section twenty-two, cannot be found or reached for purposes of filing, the Registrar may, on being satisfied, allow an application to be made with the inclusion of the name or names of the missing creator or creators. Filing of registration for design application