Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p14
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 31633–34387

section 25d, in relation to another design that was a design to which section 25d applied,
the Registrar shall also restore the registration of the other design and, thereupon—
      (c) the other design again becomes a design to which section 25d applies; and
      (d) the design referred to in paragraph (a) again becomes the original design, within the meaning of section 25d, in relation to the other design.
"(5) The Registrar may, if he thinks fit, as a condition of restoring the registration of a design under sub-section (1), require that an entry be made in the register in respect of a document or instrument in respect of which the provisions of this Act as to entries in the register have not been complied with.
"(6) Where the registration of a design is restored under this section, such provisions as are prescribed have effect for the protection or compensation of persons who availed themselves, or took definite steps by contract or otherwise to avail themselves, of the design after the registration of the design bad ceased to be in force and before the date on which the application for restoration of the registration of the design was advertised in the Official Journal.

"(7) Actions or proceedings shall not be taken in respect of an infringement of the monopoly in a registered design committed between the date on which the registration of the design ceased to be in force and the date of the restoration of the registration of the design.".

Applications to prescribed court
16. Section 28 of the Principal Act is amended—
      (a) by omitting "the Supreme Court" and substituting "a prescribed court";
      (b) by omitting from paragraph (a) "date of registration" and substituting "priority date in respect of the application for registration of the design"; and
      (c) by omitting "the Court" (wherever occurring) and substituting "the court".

Duty of owner of registered design
17. Section 29 of the Principal Act is repealed.

Heading to Part V
18. The heading to Part V of the Principal Act is amended by omitting "COPYRIGHT" and substituting "MONOPOLY".

Infringement of monopoly in designs
19. Section 30 of the Principal Act is amended—
      (a) by omitting from sub-section (1) "copyright in a registered design if, while the copyright continues, he, without the licence or authority of the owner of the copyright" and substituting "monopoly in a registered design if he, without the licence or authority of the owner of the design";
      (b) by omitting from paragraph (1) (b) "registered owner of the design" and substituting "owner of the registered design";
      (c) by inserting in paragraph (1) (c) "or hires, or offers or keeps for hire," after "sale,";
      (d) by omitting from sub-paragraph (1)