Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p8
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 17089–19665

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 an interest in the design, the grant of licences with respect to the design or the exercise of a right under section 25a in relation to the design, as he thinks fit.
"(2) Upon application made to the Registrar under sub-section (1), the Registrar shall, if he is satisfied that a direction should be given in relation to the matter raised in the application, give such a direction as he thinks appropriate but, if he is not so satisfied, shall refuse to give a direction.
"(3) If an owner, within 14 days after being requested in writing by one of the other owners to execute an instrument or to do some other thing required for the carrying out of a direction given under sub-section (2), fails to execute that instrument or to do that thing, one of those other owners may make

application to the Registrar to give directions empowering a person to execute that instrument or to do that thing in the name and on behalf of the owner in default.
"(4) Upon application made to the Registrar under sub-section (3), the Registrar shall, if he is satisfied that a direction should be given in relation to the matter raised in the application, give such a direction as he thinks appropriate but, if he is not so satisfied, shall refuse to give a direction.
"(5) Before giving a direction under this section, the Registrar shall give an opportunity to be heard—
      (a) in the case of an application under sub-section (1)—to the other owner or owners; or
      (b) in the case of an application under sub-section (3)—to the owner in default.
"(6) A direction shall not be given under this section if it—
      (a) would affect 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; or
      (b) would be inconsistent with the terms of an agreement between the owners.

Rights of registered owner to be personal property, &c.
"25c. (1) The rights of an owner with respect to a registered design are personal property and are capable of assignment and transmission by operation of law.
"(2) Subject to this Act, the laws applicable to ownership and devolution of personal property apply in relation to the monopoly in a registered design as they apply in relation to other choses in action.
"(3) An assignment referred to in sub-section (1) shall be