s 34 Registration of transactions affecting registered design
34.—(1) On application being made to the Registrar by —(a) a person claiming to be entitled to any interest in a registered design by virtue of a registrable transaction; or (b) any other person claiming to be affected by such a transaction, the prescribed particulars of the transaction must be entered in the Register. (2) The following are registrable transactions under subsection (1):(a) an assignment of a registered design or any right in it; (b) the grant of a licence or sub-licence for the use of a registered design; (c) the grant of any security interest (whether fixed or floating) over a registered design or any right in it; (d) the making by personal representatives of an assent in relation to a registered design or any right in it; (e) an order of the Court or other competent authority transferring a registered design or any right in it. (3) Until an application has been made for registration of the prescribed particulars of a registrable transaction, the transaction is ineffective as against a person acquiring a conflicting interest in the registered design in ignorance of it. (4) Despite any provision of this Act, a person who becomes the registered owner or licensee of a registered design by virtue of a registrable transaction is not entitled to —(a) damages or account of profits in respect of any infringement of the registered design occurring after the date of the transaction and before the date of application for registration of the prescribed particulars of the transaction; or (b) compensation under section 46, pursuant to terms as agreed between the Government and the registered owner, or as determined by the court, in respect of the use of the design for the services of the Government occurring after the date of the transaction and before the date of application for registration of the prescribed particulars of the transaction. (5) Provision may be made by rules as to the amendment, alteration or removal from the Register of any particulars in the Register relating to any registrable transaction.[16/2012]