Industrial Design
[No. 22 of 2016
539
(3) A person wishing to object to an application for the
restoration of a design under this section shall do so within a
prescribed period and manner upon payment of a prescribed fee.
(4) The Registrar shall, where there is no objection to the
restoration of the registration of a design, subject to the payment of
such fees and any administrative penalty due, restore the registration
of a design in the Register and issue a certificate of payment of
maintenance fee to the proprietor.
(5) The Registrar shall, where there is an objection to the
restoration of the registration of a design, after investigating the
matter and hearing the applicant and the objector—
(a) restore the registration, subject to the payment of such
fees and any administrative penalty due, and issue a
certificate of payment of maintenance fee to the
proprietor; or
(b) dismiss the application for restoration of the registration
of a design.
55. Where the registration is restored as provided in section
fifty-four, the rights of the proprietor shall be subject to such
conditions as may be imposed, by the Registrar, for the protection
or compensation of persons who may have begun to avail themselves
of the design or have taken steps by contract or otherwise to avail
themselves of the design between the date when the design ceased
to be protected and the date of the publication of the application for
the restoration of the registration of a design, made in accordance
with section fifty-one.
Rights of
proprietor
of restored
design rights
PART IX
PROPRIETOR’S RIGHTS AND LIMITATIONS
56. (1) Subject to this Act, a registered design gives the
proprietor the following exclusive rights, during the term of the
registered design:
(a) to reproduce and to authorise others to reproduce all or
part of the registered design or a product which
embodies the design;
(b) to exploit and to authorise any other person to exploit the
registered design; and
(c) to prevent any person, without the proprietor’s consent,
from making, using, offering for sale, selling or importing
a product which embodies the design; and
(d) to assign, transmit or licence the registered design.
Exclusive
rights of
proprietor
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