Registered Designs Act 2000 · 2020 Revised Edition · Part 4 · Government Use of Registered Designs
48. References of disputes to Court
Feedback & supportAny 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 pursuant to terms as agreed between the Government and the registered owner under section 46(2),may be referred to the Court by either party to the dispute.
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.
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 is to have regard to any benefit or compensation which that person or any person from whom that person derives title may have received, or may be entitled to receive, directly or indirectly, from the Government in respect of the design.
design
“design” means features of shape, configuration, colours, pattern or ornament applied to any article or non‑physical product that give that article or non‑physical product its appearance, but does not include —(a)a method or principle of construction;(b)features of shape, configuration or colours of an article or a non‑physical product that —(i)are dictated solely by the function that the article or non‑physical product has to perform;(ii)are dependent upon the appearance of another article or non‑physical product of which the article or non‑physical product is intended by the designer to form an integral part; or(iii)enable the article or non‑physical product to be connected to, or placed in, around or against, another article or non‑physical product, so that either article or non‑physical product may perform its function; or(c)features consisting only of one or more colours that —(i)are not used with any feature of shape or configuration; and(ii)do not give rise to any feature of pattern or ornament;
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 must not do so unless the others are made parties to the proceedings; but any of the others who has been made a defendant is not liable for any costs or expenses unless the defendant takes part in the proceedings.