Industrial and Commercial Property (Protection) Act, 1927
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Application of Part VI . of this Act to artistic work defining a design. |
180.—(1) Part VI . of this Act shall apply to an artistic work defining a design if, in the case of a published work, such work was first published after the commencement of this Part of this Act or, in the case of an unpublished work, such work was made after the commencement of this Part of this Act. | |
(2) For the purpose of the application under this section of Part VI . of this Act to an artistic work defining a design, “copyright” shall include the sole right— | ||
(a) to publish the design defined in the work, | ||
(b) to authorise the industrial application of the design. | ||
(3) Where, in the case of an artistic work defining a design to which by virtue of this section Part VI . of this Act applies the author was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person and the design defined in the work is used or intended to be used for an industrial purpose there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the use of the design for any other industrial purpose. | ||
(4) All the provisions of Part VI . of this Act in regard to penalties in relation to infringing copies of works in which copyright subsists shall apply to infringing copies of works in which copyright subsists by virtue of this section. |