Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p7
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 14802–17304

original, the Registrar may cause such searches to be made as he thinks fit.
"(3) The registration of a design shall be a registration in respect of the article specified in the application.".

13. Sections 24, 24a and 25 of the Principal Act are repealed and the following sections substituted:

Registrar may refuse to register design
"24. (1) Subject to sub-section (2), the Registrar may refuse to register a design, either generally or in respect of the article specified in the application for registration.

"(2) The Registrar shall not refuse to register a design until the applicant, or each of the applicants, has been given an opportunity of being heard.
"(3) An appeal lies to a prescribed court from a refusal by the Registrar to register a design.

Monopoly in design
"25. Subject to section 25a, the owner of a registered design has a monopoly in that design.

Co-ownership of registered design
"25a. (1) Where there are 2 or more owners of a registered design, each of those owners is, unless an agreement to the contrary is in force, entitled to an equal undivided share in the monopoly in that design.
"(2) Subject to this section and to section 25b, where there are 2 or more owners of a registered design, each of those owners is, unless an agreement to the contrary is in force, entitled, by himself or his agents, to make use of the design for his own benefit without accounting to the other or others.
"(3) Subject to section 25b and to any agreement for the time being in force, where there are 2 or more owners of a registered design, one of those owners shall not grant a licence with respect to the use of the design, or assign an interest in the design, except with the consent of the other or others.
"(4) Where an article to which a registered design has been applied is sold by one of 2 or more owners of the design, either by himself or his agents, the purchaser, and a person claiming through him, is entitled to deal with the article in the same manner as if it had been sold by both or all of the owners.
"(5) Nothing in sub-section (1) or (2) affects the rights or obligations of a trustee or of the legal personal representative of a deceased person, or rights or obligations arising out of either of those relationships.

Power of Registrar to give directions to co-owners
"25b. (1) Where there are 2 or more owners of a registered design, one or more of those owners may make application to the Registrar to give such directions as to a dealing with the design or