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photographs, or tracings of such designs are to be Sects. furnished.
As to size of drawings, see note to last section and Designs Rules, 8.
49. (1.) The comptroller shall grant a certificate Certificate of registraof registration to the proprietor of the design when tion. registered (a).
(2.) The comptroller may, in case of loss of the original certificate (B), or in any other case in which he deems it expedient, grant a copy or copies of the certificate.
A certificate granted under this section will be evidence of the registration. It is to be distinguished from a certificate of any matter or thing which the Comptroller is authorised to do, and which may be obtained under sect. 96, and Designs Rules 34, by any one requiring it. Application for this last-mentioned certificate is made in Form J. (Designs Forms), the fee being five shillings. See note to sect. 96.
Copyright in registered Designs.
50. (1.) When a design is registered, the re- Copyright gistered proprietor of the design shall, subject to on regis the provisions of this Act (7), have copyright in the design during five years from the date of registration (8).
(2.) Before delivery on sale of any articles to which a registered design has been applied, the proprietor must (if exact representations or specimens were not furnished on the application for registration), furnish to the comptroller the prescribed number of exact representations or specimens of the design (e); and if he fails to do so, the comptroller may erase his name from the re
(a) In Form G (Designs Forms). (B) Form of Request, Designs Forms, H. Fee 1s.
(7) E.g., as to marking regis
tered designs, s. 51.
(8) I.e., the date of application (Designs Rules, 21).
(e) Three (Designs Rules, 9).
Sects. gister, and thereupon his copyright in the design 50, 51. shall cease.
Under previous Acts the period during which copycopyright. right in a design lasted, varied from five years to twelve months, according to the nature of the design, and the class of goods for which it was registered. This section fixes five years as the term of copyright for all designs.
The proviso, subject to the provisions of this Act,' refers chiefly to the furnishing of exact specimens before delivery or sale (sub-sect. 2), the marking the design on articles sold (s. 51), and the cesser of copyright under sect. 54.
Copyright is defined by sect. 60 as "the exclusive right to apply a design to any article of manufacture, or to any substance as aforesaid " (i.e., as mentioned in the definition of Design"), "in the class or classes in which the design is registered."
By sect. 48, and Designs Rules 9, the applicant may ing comp on application, either furnish three drawings, tracings, or photographs of the design, or he may furnish three sentations specimens of the design, unless the articles to which the design is applied cannot be pasted into a book. If he adopts the former course, then under sub-s. (2) of this section, he must, before delivery on sale of any articles to which the design is applied, furnish three specimens of the design, otherwise he loses copyright in the design,
51. Before delivery on sale of any articles to registered which a registered design has been applied, the proprietor of the design shall cause each such article to be marked with the prescribed mark (a), or with the prescribed word or words or figures denoting that the design is registered; and if he fails to do so the copyright in the design shall cease, unless the proprietor shows that he took all proper steps to ensure the marking of the article.
Two marks have been prescribed under this section by Designs Rules, 32. Articles in classes 13 and 14, i.e.,
(a) "RD." and number on certificate of registration for classes
1—12; “REGD. " for classes 13,
printed or woven designs on textile piece goods, handkerchiefs, and shawls, are to be marked with "REGD," articles in other classes to be marked with "RD," and the number on Certificate of registration.
52. (1.) During the existence of copyright in a Inspection of regisdesign, the design shall not be open to inspection tered except by the proprietor, or a person authorised in designs. writing by the proprietor, or a person authorised by the comptroller, or by the Court, and furnishing such information as may enable the comptroller to identify the design, nor except in the presence of the comptroller, or of an officer acting under him, nor except on payment of the prescribed fee (a); and the person making the inspection shall not be entitled to take any copy of the design, or of any part thereof.
(2.) When the copyright in a design has ceased, the design shall be open to inspection, and copies thereof may be taken by any person on payment of the prescribed fee (3).
This and the following section regulate the rights of third parties in regard to the register. Under certain conditions any person may whilst the copyright is existing,
1. Inspect the register (sub-s. (1)).
2. Obtain a certificate of the existence of the copyright (sect. 53),
and when copyright has ceased, any person may
3. Inspect the register and copy the design (sub-s.
A third party can only inspect the register whilst the Inspection copyright continues under the following conditions:- of register. 1. Where he is authorised in writing by the proprietor,
by the comptroller, or by the Court.
2. Where he furnishes information sufficient to enable the comptroller to identify the design.
3. Where the comptroller or other officer is present.
(a) No fee has been as yet prescribed.
(8) 18. for each quarter of an
hour (see first schedule to Designs
4. When a fee is paid.
No copy of the design can be taken.
Any one may inspect the register where copyright has Inspection ceased on paying a fee of 1s. for each quarter of an hour, after expi- and obtain a copy of the design on paying a fee according copyright. to agreement. See Designs Rules, 33,
tion as to existence
If a doubt exists as to whether the copyright has expired or not, then advantage can be taken of the following section (53).
53. On the request of any person producing a particular design, together with its mark of registration, or producing only its mark of registration, or furnishing such information as may enable the comptroller to identify the design, and on payment of the prescribed fee (a), it shall be the duty of the comptroller to inform such person whether the registration still exists in respect of such design, and if so, in respect of what class or classes of goods, and stating also the date of registration, and the name and address of the registered proprietor.
This section enables anyone who desires to obtain a copy of a design after the copyright has expired, to ascertain when that will take place. Application is made in Form N. (Designs Instructions, 13).
The fee payable is 5s.
By Designs Rules, 35, the comptroller may, on receipt of prescribed fee (5s., probably no fee is mentioned in Schedule except fees under this section), search among designs registered after the commencement of the Act, and inform any person requesting him so to do, whether a particular design produced by such person, and to be applied to goods in any particular class, is or is not identical with, or an obvious imitation of any design applied to such goods, and registered since the commencement of the Act.
54. If a registered design is used in manufacture in certain in any foreign country and is not used in this country within six months of its registration in this country,
the copyright in the design shall cease.
(a) 58. See first schedule to Designs Rules.
This section corresponds to sect. 22, relating to compulsory licences in the case of patents. Its object is to prevent persons who do not carry on manufactures in this country, from registering designs with a view of preventing the use of such design within the realm.
Country' must be taken to mean the United King
It is doubtful what extent of user is required under this section. A nominal user would amount to an evasion of the object of the statute, and it would therefore seem that a substantial user, taking into account all the circumstances of the case, is what ought to be required. A substantial user does not necessarily imply a continual user.
Register of Designs.
55. (1.) There shall be kept at the patent office Register of designs. a book called the Register of Designs, wherein shall be entered the names and addresses of proprietors of registered designs (a), notifications of assignments and of transmissions (B) of registered designs, and such other matters as may from time to time be prescribed (y).
(2.) The register of designs shall be primâ facie evidence of any matters by this Act directed or authorised to be entered therein.
The Register of Designs will be deemed a continuation of previous registers (sect. 114, sub-sect. 2).
Certified and sealed extracts from the register are receivable in evidence, sect. 90.
The registered proprietor has not only copyright in Effect of the design (sect. 58), but such registered proprietor has, registrasubject to any rights appearing on the register, power to assign, license, or otherwise deal with the design (sect. 87). All licences, assignments, and transmissions ought therefore to be registered as soon as possible.
The name and address of the registered proprietor Names and are in the first instance entered on the register on sealing the certificate of registration (Designs Rules, 21). New
(a) Designs Rules, 21.
(7) E.g., Orders of Court. Designs Rules, 28.