Section 32
of Industrial Designs Order, 1999
Section 32
(1)
An industrial design and any right in or under it is property within the meaning of paragraph (a) of the definition of “property” in subsection (1) of section 3 of the
Interpretation and General Clauses Act and, subject to this Order, is transferable by assignment or transmission in the same way as any other property, in accordance with subsections (2) to
(6)
. It is so transferable either in connection with the goodwill of a business or independently.
(2)
Subject to this Order, any industrial design, and any right in or under it, may be assigned or mortgaged.
(3)
Subject to this Order, a licence may be granted under any industrial design for the use of the industrial design and –
(a)
to the extent that the licence so provides, a sub-licence may be granted under any such licence and any such licence or sub-licence may be assigned or mortgaged; and
(b)
any such licence or sub-licence shall legally vest in the same way as any other property.
(4)
Any assignment or mortgage of an industrial design or any right in or under it, whether total or partial, is not effective unless it is in writing and signed by or on behalf of the assignor or, in the case of a body corporate, so signed or under the seal of that body.
Incorporating amendments until S 3/2020
(Clean version) Norhasnani/fiqah/Karimah_as of 8th June 2020
25
BLUV as at 13th February 2020
(5)
An assignment of an industrial design or of a share in it, and an exclusive licence granted under any industrial design, may confer on the assignee or licensee the right of the assignor or licensor to bring proceedings for a previous infringement.
(6)
A licence granted in respect of industrial design rights by the owner of the rights is binding on every successor in title to the interest in the rights of such owner, except –
(a)
a purchaser in good faith for valuable consideration and without notice, actual or constructive, of the licence; and
(b)
a person deriving title from such a purchaser, to the same extent as the licence was binding on the grantor.
Co-ownership of industrial designs.