d) For the purposes of determining novelty, disclosure to the public of an industrial design shall not
be taken into consideration if it occurred within twelve months preceding the filing date or, where
applicable, the priority date of the application, and if it was by reason or in consequence of an
abuse committed by a third party with regard to the applicant or his predecessor in title, or by
reason of any act committed by the applicant or his predecessor in title, other than the filing of an
application to register or otherwise obtain legal protection for the industrial design with an
industrial property authority.
§12.3. Right to Registration of Industrial Design; Naming of Designer
a) The right to registration of an industrial design shall belong to a person first register his/her
designs.
b) If two or more persons have jointly created an industrial design the right to registration shall
belong to them jointly.
c) The right to registration of an industrial design may be assigned, and may be transferred by
succession.
d) Where an industrial design is made in execution of an employment contract the purpose of which
is to create one or more designs, the right to registration of the industrial design shall belong, in the
absence of contractual provisions to the contrary, to the employer. If the economic gains obtained
by the employer from the commercial exploitation of the industrial design rise above the
reasonable expectations of gain of the employer at the time he hired the designer, the latter shall be
entitled to an equitable remuneration.
e) Any anticipated promise or undertaking by the designer to the effect that he/she will waive any
remuneration he/she is entitled to under this section shall be without legal effect.
f) The designer shall be named as such in the registration of the industrial design, unless he/she
indicates to the Director General in writing that he/she wishes not to be named. Any promise or
undertaking by the designer to the effect that he/she will make such a declaration shall be without
legal effect.
§12.4. Application; Right of Priority
a) An application for the registration of an industrial design shall be filed with the Registrar and shall
contain:
i.
a request for registration,
ii.
a graphic representation of each industrial design included in the application;
iii.
an indication of the product or products in respect of which each design is to be used;
iv.
proof of payment of the prescribed application fee for each design; and
v.
shall comply with other prescribed requirements.
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