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Prior use.
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50.—(1) Subject to subsection (2), where a person has commenced use within the State, or has made serious preparations to that end, of a design which has not been copied from a registered design, the continued use of that design by that person for that purpose shall not infringe the design right in the registered design.
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(2) The design referred to in subsection (1) is a design which has not been made available to the public before the filing date of the application for registration of the registered design or, where priority is claimed, the date of priority of the registered design, and the use of which commenced before the said filing date or, as the case may be, the said date of priority.
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