Section 12
Provisions as to confidential disclosure, etc.
of Industrial Designs Order, 1999
(l)
An application for the registration of an industrial design shall not be refused, and the registration of an industrial design shall not be invalidated by reason only of –
(a)
the disclosure of the industrial design by the owner within twelve months to any other person in such circumstances as would make it contrary to good faith for that other person to use or publish the industrial design;
(b)
the disclosure of the industrial design in breach of good faith within twelve months by any person other than the owner of the industrial design;
(c)
in the case of a new or original textile industrial design intended for registration, the acceptance of a first and confidential order for goods bearing the industrial design; or
(d)
the communication of the industrial design by the owner within twelve months to a government department or to any person authorised by a government department to consider the merits of the industrial design, or of anything done in consequence of such a communication.
(2)
An application for the registration of an industrial design shall not be refused, and the registration of an industrial design shall not be invalidated by reason only –
(a)
that a representation of the industrial design, or any article to which the industrial design has been applied, has been displayed, with the consent of the owner of the industrial design at an official international exhibition;
(b)
that after any such display as is mentioned in paragraph (a), and during the period of the exhibition, a representation of the industrial design, or any article to which the industrial design has been applied, has been displayed by any person without the consent of the owner; or
(c)
that a representation of the industrial design has been published in consequence of any such display as is mentioned in paragraph (a), if the application for registration of the industrial design is made not later than six months after the opening of the exhibition.
Incorporating amendments until S 3/2020
(Clean version) Norhasnani/fiqah/Karimah_as of 8th June 2020
11
BLUV as at 13th February 2020
(3)
In this section, “official international exhibition” means an official, or officially recognised, international exhibition falling within the terms of the Convention on International
Exhibitions of 22nd. November, 1928 and any protocols to that Convention, or falling within the terms of any treaty replacing that Convention, as respectively revised or amended.
Provisions as to artistic works.