Singapore legislation
Clause 48
Clause 48
References of disputes to Court
(1)
Any dispute as to —
the exercise by the Government, or a person authorised by the Government, of the powers conferred by section 45;
the terms for the use of a design for the services of the Government; or
the right of any person to receive any part of a payment made under section 46(2),may be referred to the Court by either party to the dispute.
(2)
In any proceedings under this section to which the Government is a party, the Government may —
if the registered owner is a party to the proceedings, apply for revocation of the registration of the design upon any ground upon which the registration may be revoked under this Act; or
in any case, put in issue the validity of the registration of the design without applying for its revocation.
(3)
In determining under this section any dispute between the Government and any person as to the terms for the use of a design for the services of the Government, the Court shall have regard to any benefit or compensation which that person or any person from whom he derives title may have received, or may be entitled to receive, directly or indirectly, from the Government in respect of the design.
(4)
One of 2 or more registered owners of a registered design may, without the concurrence of the others, refer a dispute to the Court under this section, but shall not do so unless the others are made parties to the proceedings; but any of the others who has been made a defendant shall not be liable for any costs or expenses unless he takes part in the proceedings.