s 46 Terms of Government use
46.—(1) If and so far as the design has, before the date of its registration, been applied by or on behalf of the Government otherwise than in consequence of the communication of the design, directly or indirectly, by the registered owner or any person from whom the registered owner derives title, any use of the design by virtue of section 45 may be made free of any royalty or other payment to the registered owner. (2) If and so far as the design has not been so applied, any use of the design made by virtue of section 45 at any time after the date of its registration, or in consequence of any communication referred to in subsection (1), must be made on such terms —(a) as may be agreed upon, either before or after the use, between the Government and the registered owner; or (b) in default of such agreement, as may be determined by the Court on a reference under section 48. (3) Where a design has been made use of under this section, the Government, unless it appears to the Government that it would be contrary to the public interest to do so, must inform the registered owner as soon as possible of the fact and furnish the registered owner with such information as to the use made of the design as the registered owner from time to time reasonably requires.