Section 34
of Industrial Designs Order, 1999
Section 34
(1)
Any person who claims to have acquired any right in or under an industrial design by virtue of any transaction, instrument or event to which this section applies is entitled as against any other person who claims to have acquired that right by virtue of an earlier transaction, instrument or event to which this section applies if, at the time of the later transaction, instrument or event –
(a)
application has not been made for the registration of particulars concerning the earlier transaction, instrument or event; and
(b)
the person claiming under the later transaction, instrument or event did not know of the earlier transaction, instrument or event.
(2)
Subsection (1) also applies to the case where any person claims to have acquired any right in or under an industrial design by virtue of a transaction, instrument or event to which this section applies, and that right is incompatible with any such right acquired by virtue of an earlier transaction, instrument or event to which this section applies.
(3)
This section applies to the following transactions, instruments and events –
(a)
the assignment of an industrial design or a right in or under it;
(b)
the mortgage of an industrial design or the granting of security over it;
(c)
the grant, assignment or mortgage of a licence or sub-licence under an industrial design;
(d)
the death of the registered owner or one of the registered owners of an industrial design or any person having a right in or under an industrial design and the vesting by an assent of personal representatives of an industrial design or any such right;
and
(e)
any order or directions of a court or other competent authority transferring an industrial design or any right in or under it to any person and the event by virtue of which the court or authority had power to make any such order or give any such directions.
Incorporating amendments until S 3/2020
(Clean version) Norhasnani/fiqah/Karimah_as of 8th June 2020
27
BLUV as at 13th February 2020
Rights of third parties to continue use of industrial designs.