Register of Designs
Open ↗53.—(1) The Registrar must maintain a register to be known as the Register of Designs.
(2) There must be entered in the Register in accordance with this Act —(a)
particulars of registered designs, including the dates of registration;
(b)
the names of registered owners;
(c)
particulars of transactions affecting rights in registered designs and applications for registration of designs; and
(d)
such other matters as the Registrar may think fit.
(3) No notice of any implied or constructive trust may be entered in the Register, and the Registrar is not affected by any such notice.[4/2014]
(4) A notice of an express trust or of the beneficiary of an express trust, or both, may be entered in the Register; but —(a)
the Registrar is not affected by any such notice in the Register; and
(b)
to avoid doubt, a failure to enter such notice in the Register does not affect any rights or duties under the trust.[4/2014]
(5) The Register may be kept in whole or in part using a computer.
(6) Any record of a particular or other matter made by using a computer for the purpose of keeping the Register is taken to be an entry in the Register.
Rectification of Register
Open ↗54.—(1) The Court may, on the application of any person aggrieved, order the Register to be rectified by the making, or the variation or deletion, of any entry therein.
(2) In proceedings under this section, the Court may determine any question which may be necessary or expedient to decide in connection with the rectification of the Register.
(3) The Registrar must, on receipt of the notice of an order of the Court to rectify the Register, rectify the Register accordingly.
(4) A rectification of the Register under this section has effect as follows:(a)
an entry made has effect from the date on which it should have been made;
(b)
an entry varied has effect as if it had originally been made in its varied form;
(c)
an entry deleted is deemed never to have had effect,
unless, in any case, the Court directs otherwise.
Inspection of and extract from Register
Open ↗55.—(1) The Register must be available at the Registry for inspection by any person during the hours when the Registry is open for business.[16/2012]
(2) If the Register, or any part of the Register, is kept by using a computer, subsection (1) is satisfied if a person who wants to inspect the Register or that part of the Register is given access to a computer terminal from which the person can read on a screen, or obtain a printed copy of, the particulars or other matters recorded in the Register or that part of the Register.
(3) Any person who applies for a certified copy of an entry in the Register or a certified extract from the Register is entitled to obtain such copy or extract on payment of the prescribed fee.
(4) In relation to any portion of the Register kept otherwise than in documentary form, the right to a copy or an extract conferred by subsection (3) is a right to a copy or an extract in a form in which it can be taken away.
(5) In this section, “certified copy” and “certified extract” mean a copy and an extract certified by the Registrar.[16/2012]
