Section 10: Right to transfer and subsequent rectification of Register of Layout-Designs:

10. Right to transfer and subsequent rectification of Register of Layout-Designs:___ (1) Where the essential contents of an application have been taken from the layout-design of another person without his consent, such person may, in writing, request the Controller to transfer the application to him. (2) Where the application has already resulted in a registration, that person may, within three years from the publication of the registration, in writing, request the Controller to transfer the registration to him and to rectify the entry in the Register of Layout-designs accordingly. (3) The Controller shall send forthwith a copy of such a request to the right-holder, and, within the prescribed period and in the prescribed manner, such right-holder may send to the Controller a counter-statement of the grounds on which he relies. (4) If the right-holder sends a counter-statement, the Controller shall furnish a copy thereof to the person requesting the transfer and, after hearing the parties, if either or both wish to be heard, and considering the merits of the case, shall decide whether the application or registration should be transferred and, where applicable, whether the Register of Layout-Designs should be rectified

Effective date: 2000-01-01

Related sections