Industrial Designs Act, 2001
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Licensing of registered designs. |
78.—(1) Until an application has been made for registration of a transaction referred to in this section under section 41 — | |
(a) the transaction shall be ineffective as against a person acquiring a conflicting interest in or under the registered design in ignorance of it, and | ||
(b) a person claiming to be a licensee by virtue of the transaction shall not be entitled to the rights and remedies conferred by sections 63 and 65. | ||
(2) A licence may be partial so as to apply to— | ||
(a) one or more but not all of the acts that the registered proprietor has the exclusive right to undertake or authorise, or | ||
(b) part but not the whole of the period for which the design right is to subsist. | ||
(3) A licence, including an exclusive licence, granted in respect of a design right shall not be effective unless it is in writing and signed by or on behalf of the grantor and this requirement may be satisfied in a case where the grantor is a body corporate by the affixing of its seal. | ||
(4) Unless the licence provides otherwise, it shall be binding on a successor in title to the grantor's interest in the design, except a purchaser in good faith for valuable consideration and without notice of the licence or a person deriving title from such a purchaser, and references in this Act to undertaking any act with or without the consent of the registered proprietor shall be construed accordingly. | ||
(5) References in this Act to a licence or licensee include a sub-licence or sub-licensee. |