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What are the rights of the owner of a registered industrial design?

The owner of a registered industrial design has the exclusive right to make or import for sale or hire, or for use for the purposes of any trade or business, or to sell, hire or to offer or expose for sale or hire, any article to which the registered industrial design has been applied.

Protection of an industrial design means that the design may not be lawfully copied or imitated without the consent of the registered owner, and copies or imitations made without such authorisation may not be lawfully sold, hired or imported.

The rights of an owner with respect to a registered industrial design are personal property and are capable of assignment, in writing, and transmission by operation of law.

The owner of the registered industrial design has the right to institute legal proceedings against any person who has infringed any of the rights conferred by the registration of the industrial design. However, such proceedings must be instituted within five (5) years from the act of infringement.

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Knowledge Base ID :   1421
Last Reviewed :   May 24, 2014
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