§ FALSE REGISTRATION OF INDUSTRIAL DESIGNS
§ 1. The provisions of this Schedule shall have effect wher—
- (a) copyright subsists in an artistic work, and proceedings are brought under this Act relating to that work;
- (b) a corresponding design has been registered under the Act of 1949, and the copyright in the design subsisting by virtue of that registration has not expired by effluxion of time before the commencement of those proceedings; and
- (c) It is proved or admitted in the proceedings that the person registered as, the proprietor of the design was not the proprietor thereof for the purposes of the Act
1222 of 1949. and was so registered without the knowledge of the owner of the copyright in the artistic work.
§ 2. For the purposes of those proceedings (but subject to the next following paragraph) the registration shall be treated as never having been effected, and accordingly, in relation to that registration, subsection (1) of section ten of this Act shall not apply, and nothing in section seven of the Act of 1949 shall be construed as affording any defence in those proceedings.
§ 3. Notwithstanding anything in the last preceding paragraph, if in the proceedings it is proved or admitted that any act to which the proceedings relate—
- (a) was done in pursuance of an assignment or licence made or granted by the person registered as proprietor of the design, and
- (b) was so done in good faith in reliance upon the registration, and without notice of any proceedings for the cancellation of the registration or for rectifying the entry in the register of designs relating thereto,
§
4. In this Schedule "the Act of 1949" means the Registered Designs Act, 1949. and "corresponding design" has the meaning assigned to it by subsection (6) of section ten of this Act.")
Page 64, line 5, leave out ("musical or artistic work") and insert ("or musical work, or of an artistic work other than a photograph.")
§ After the Fourth Schedule, insert the following new Schedule: