Section 15: Registration of assignments, etc

15. Registration of assignments, etc.___ (1) Where any person becomes entitled by assignment, transmission or by operation of law to a registered design or to a share in a registered design, or becomes entitled as mortgagee, licensee or otherwise to any other interest in a registered design, he shall apply to the Registrar in the manner prescribed for the registration of his title as proprietor or co-proprietor or, as the case may be, of notice of his interest in the register. (2) Without prejudice to the provisions of sub-section (I), an application for the registration of title of any person becoming entitled by assignment to a registered design or a share in a registered design, or becoming entitled by virtue of a mortgage, license or other instrument to any other interest in a registered design, may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may be. (3) Where an application is made under sub-section (1) or sub-section (2) for the registration of title of any person, the Registrar shall upon proof of title to his satisfaction— (a) where that person is entitled to a registered design or a share in registered design, register him in the register as proprietor or co-proprietor of the design and enter in the register particulars of the instrument or event by which he derives title; or (b) where that person is entitled to any other interest in the registered design, enter in the register notice of his interest, with particulars of the instrument, if any, creating it. (4) Subject to any rights vested in any other person of which notice is entered in the register, the person or persons registered as proprietor of a registered design shall have power to assign, grant licences in respect of, or otherwise deal with the design and to give effectual receipts for any consideration for any such assignment, licence or dealing: Provided that any equities in respect of the design may be enforced in like manner as in respect of any other movable property. (5) Except for the purposes of an application to rectify the register, a document in respect of which no entry has been made in the register under sub-section (3) shall not be admitted in any Court as evidence of the title of any person to a registered design or share of or interest in a registered design unless the court otherwise directs.

Effective date: 2000-01-01

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