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Who owns the
design when it is created?
The author of a
design is the original proprietor of the design unless the design is
commissioned for money or money's worth. In this case, the person
commissioning the design shall be treated as the original proprietor
of the design.
If a design is
created by an employee in the course of their employment, their
employer is regarded as the original proprietor of the design.
The author
of a design means the person who creates it and in the case of a
design generated by computer in circumstances such that there is no
human author, the person by whom the arrangements necessary for the
creation of the design are made is taken to be the author.
How long do
registered designs last for?
A registered
design is valid for a period of five years from the date of
registration of the design. The period is extendable for a second,
third, fourth and fifth period of five years, by applying for an
extension and paying the renewal fee.
Where the right in
a registered design has expired by a failure to extend the period,
an application for restoration may be made.
What rights
does the owner of a registered design have?
The registration
of a design gives the owner the exclusive right to use the design
and any design which does not produce a different overall impression
on an informed user.
Use of a design covers making, offering, putting on the market,
importing, exporting or using a product in which the
design is incorporated or to which it is applied or stocking
such a product for any of these purposes.
In determining
whether a design produces a different overall impression on the
informed user, the degree of freedom of the author in
creating his design shall be taken into consideration.
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