DESIGNS

THE DESIGNS ACT

1

ARRANGEMENT OF SECTIONS

1. Short title.

2. Interpretation.

PART I. Designs

3. Register of Designs.
4. Author of new design to be deemed proprietor thereof.
5. Application for registration of design.
6. Drawings, etc., to be furnished on application for registration.
7. Copyright on registration.
8. Marking registered designs.
9. Inspection of, and taking copies of, registered designs.

10. Information as to existence of copyright.
11. Ceasing of copyright and cancellation of registration.
12. Penalty on piracy of registered design.

PART II. General

13. Trusts.
14. Scandalous design.
15. When design deemed to be registered.
16. Entry of assignments and transmissions.
17. Inspection of extracts from Register.
18. Correction of errors and amendment.
19. Certificate of Registrar evidence.
20. Orders by a Judge.
21. Powers of Court or Judge.
22. Persons under disability.

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2 DESIGNS

23. Publication of quarterly list.
24. Declarations.
25. Rules and fees.
26. Fees to be paid into the Consolidated Fund.
27. Exemption from stamp duty.
28. Exemption from fees.

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DESIGNS

THE DESIGNS ACT

3

V5th July, 1937.1

Cap. 97.
Aet

9 of 1975.

1. This Act may be cited as the Designs Act. Short title.

2. In this Act-
“class” means prescribed class;

Intcrpreta-
tion.

“copyright” means the exclusive right to apply a design
to any article of manufacture as to any such substance
as in this section mentioned in the class or classes in
which the design is registered;

“Court” means the Supreme Court;
“design” means any design applicable to any article of

manufacture, or to any substance artificial or natural
or partly artificial and partly natural, whether the
design is applicable for the pattern, or for the shape
or configuration or for the ornament thereof or for any
two or more such purposes, and by whatever means it
is applicable, whether by printing, painting, em-
broidering, weaving, sewing, modelling, casting,
embossing, engraving, staining, or any other means
whatever, manual, mechanical or chemical, separate or
combined;

“Judge” means a Judge of the Court;
“registered” means registered in the Register of Designs

“Registrar” means the Registrar of Companies;
“Registry” means the office of the Registrar of Companies; 911975

and “registration” has a corresponding meaning;
91 1975
S. 2(a).

S. 2(b).
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B2

4 DESZGNS

“approved society” means a society, institution or organi-
zation of a public, philanthropic, or self-help,
character approved by the Minister.

PART I. Designs

3. There shall be kept at L e Registry a ,ook called “The
Register of Designs” wherein shall be entered the names
and addresses of proprietors of registered designs, and such
other matters as may from time to time be prescribed.

Register of
Designs.

4. The author of any new and original design shall be
Author of
newdesign deemed to be the proprietor thereof, unless he executed
~ ~ $ ~ ~ d the work on behalf of an approved society, whether for
thereof. consideration or otherwise, or on behalf of another person

for a good or valuable consideration, in which case such
society or person shall be considered the proprietor, and
every approved society acquiring, and every person acquir-
ing for a good or valuable consideration, a new and original
design, or the right to apply the same to any article or
substance, either exclusively of any other person or other-
wise, and also every person on whom the property in such
design or such right to the application thereof shall devolve
shall be considered the proprietor of the design in the
respect in which the same may have been so acquired, and
to that extent, but not otherwise.

Application

tionof
S.-(l) The Registrar may, on application by or on

behalf of any person claiming to be the proprietor of any
new or original design not previously published in this
Island, and on payment of the prescribed fee, register the
design under this Part.

for registm-

design.

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DESIGNS 5

(2) The application must be made in such form as
may be from time to time prescribed, and must be left at the
Registry in the prescribed manner.

(3) The application must contain a statement of the
nature of the design, and the prescribed class or classes of
goods in which the applicant desires that the design be
registered.

(4) The same design may be registered in more than
one class.

(5) In case of doubt as to the class in which a design
ought to be registered, the Registrar may decide the
quest ion.

(6) The Registrar may, if he thinks fit, refuse to
register any design presented to him for registration, but
any person aggrieved by any such refusal may appeal there-
from to a Judge in Chambers.

6. On application for registration of a design, the
applicant shall furnish to the Registrar the prescribed
number of drawings, photographs, or tracings of the design
sufficient to enable him to identify the design, and suit-
able for the official records; or the applicant may, instead
of such copies furnish exact representations or specimens
of the design.

7.-(1) When a design is registered the Registrar shall opyrighton
grant a certificate of registration and the registered pro-
prietor of the design shall, subject to the provisions of this
Act, have copyright in the design during fifteen years from
the registration of the design.

(2) Before delivery on sale of any articles to which
a registered design has been applied, the proprietor must
(if exact representations or specimens were not furnished

$g istrat ion.

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6 DESIGNS

on the application for registration) furnish to the Registrar
the prescribed number of exact representations or specimens
of the design; and if he fails to do so, the Registrar may
erase his name from the Register and thereupon his copy-
right in the design shall cease.

Marking

z$iErd
8. Before delivery on sale of any articles to which a

registered design has been applied, the proprietor of the
design shall cause each such article to be marked with the
prescribed mark, or with the prescribed word or words or
figures, denoting that the design is registered; and if he
fails to do so the copyright in the design shall cease, unless
the proprietor shows that he took all proper steps to ensure
the marking of the article.

Inspection
of, and fak-
ing copies
of, regis-
tered
designs.

lnformation
as to
existence of
copyright.

9.41) During the existence of copyright in a design,
the design shall not be open to inspection except by the
proprietor, or a person authorized by the Registrar or by
the Court, and furnishing such information as may enable
the Registrar to identify the design, nor except in the
presence of the Registrar, nor except on payment of the
prescribed fee; and the person making the inspection shall
not be entitled to take any copy of the design or of any
part thereof.

(2) When the copyright in a design has ceased, the
design shall be open to inspection, and copies thereof may
be taken by any person on payment of the prescribed fee.

10. On the request of any person producing a particular
design, together with its mark of registration, or producing
only its mark of registration or furnishing such informa-
tion as may enable the Registrar to identify the design, and
on payment of the prescribed fee, it shall be the duty of
the Registrar to inform such person whether the registra-
tion still exists in respect of such design, and if so, in respect
of what class or classes of goods, and stating also the date

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DESIGNS 7

of registration, and the name and address of the registered
proprietor.

11.-(1) If a registered design is used in manufacture in Ceasingof
any foreign country and is not used in this Island within and
six months of its registration in this Island, the copyright zoce1lation

copyright

in the design shall cease. redstration.

(2) At any time after the registration of a design
any person interested may apply to the Registrar for the
cancellation of the registration of the design on the ground
that the design has been published in Jamaica prior to the
date of the registration, and the Registrar may make such
order on the application as he considers just.

(3) An appeal shall lie from any order of the
Registrar under this section to the Court, and the Registrar
may at any time refer any such application to the Court
for trial.

12.-( 1) During the existence of copyright in any design Pe alty on
pi I$ cyof no person- registered
dc$ign.

(a) shall, without the licence or written consent of
the registered proprietor, apply or cause to be
applied such design or any fraudulent or obvious
imitation thereof, in the class or classes of goods
in which such design is registered, for purposes
of sale, to any article of manufacture, or to any
substance, artificial or natural, or partly artificial
and partly natural;

(b) shall publish or expose for sale any article of
manufacture or any substance to which such
design or any fraudulent or obvious imitation
thereof shall have been so applied, knowing that
the same has been so applied without the consent
of the registered proprietor.

I

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8 DESIGNS

(2) Any person who acts in contravention of this
section shall be liable for every offence to forfeit a sum
not exceeding one hundred dollars to the registered pro-
prietor of the design, and such registered proprietor may,
by action brought in the Court recover either such sum as
a simple contract debt, or damages arising from any breach
of the said section.

PART n. General
13. There shall not be entered in any register kept under

this Act, or be receivable by the Registrar, any notice of
any trust express, implied, or constructive.

Trusts.

Scandalous
design.

14. The Registrar may refuse to register a design which
is, or of which the use would be, scandalous or contrary to
law or morality.

mendesign 15. Any design shall be deemed to be registered when
~ ~ ~ ~ ~ ~ ~ b c the name of any person is entered, as the proprietor thereof,

in the Register of Designs.

Entry of 16. Where a person becomes entitled by assignment,
assi~nments nd pans- transmission, or other operation of Iaw to the copyright in
~ * S S ~ O I K a registered design, the Registrar shall, on request and on

proof of title, cause the name of such person to be entered
as proprietor of the copyright in the design in the Register
of Designs. The person for the time being entered in the
Register of Designs as proprietor for copyright in a design,
shall, subject to the provisions of this Act, and to any
rights appearing from such Register to be vested in any
other person, have power absolutely to assign, grant
licences as to, or otherwise deal with the same and to give
effectual receipts for any consideration for such assign-
ment, licence or dealing :

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DESIGNS 9

Provided that any equities in respect of such design may
be enforced in like manner as in respect of any other
personal property :

Provided also, that the priority of all assignments and
charges shall, as regards purchasers for value without
notice, be determined by priority of registration.

17. Every register kept under this Act shall be prima Ins

every such register shall be open to the inspection of the R W e r .
public on payment of the prescribed fee, subject to the
provisions of this Act and to such regulations as may be
prescribed; and certified copies, sealed with the seal of the
Registry, of any entry of such register shall be given to
any person requiring the same on payment of the prescribed
fee:

Provided that whenever any extract includes any tracing,
drawing, or diagram, an additional fee for any copy thereof
shall be paid equal to the cost of preparing such tracing,
drawing or diagram.

facie evidence of all matters duly entered therein; and of ror xtracta

18. The Registrar may, on request in writing accom-
panied by the prescribed fee-

(a) correct any clerical error in or in connection with
an application for registration of a design; or

(b) correct any clerical error in the name, style, or
address of the registered proprietor of a design;
or

(c) permit an applicant for registration of a design to
amend his application by omitting any particular
goods or classes of goods in connection with which
he has desired the design to be registered.

19. A certificate purporting to be under the hand of the a~fiateof
Registrar as to any entry, matter or thing which he is R istrar

ev cnce.
authorized by this Act, or by any general rules made there-

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10

Orders by a
Judge.

Powers of
Court or
Judge.

Persons
under
disability.

Publication
of quarterly
list.

DESIGNS

under, to make or do, shall be prima facie evidence of the
entry having been made, and of the contents thereof, and
of the matter or thing having been done or left undone.

20. An order requiring the Registrar to do or abstain
from doing anything under this Act, may be made by a
Judge on a summons in Chambers.

21. In any proceedings under this Act, the Court or a
Judge, as the case may be, may at any time make such
orders for an injunction, inspection, or account, impose
such terms, and give such directions as to the order in
which the parties shall be heard, and the procedure under
this Act generally, as the Court or Judge shall see fit.

22. If any person is, by reason of infancy, lunacy, or
other disability, incapable of making any declaration or
doing anything required or permitted by this Act, or by
any rules made under the authority of this Act, then the
guardian or committee, if any, of such incapable person,
or if there be none, any person appointed by any Court or
Judge possessing jurisdiction in respect of the property of
persons under disability, upon the petition of any person
on behalf of such incapable person, or of any other person
interested in the making of such declaration or doing such
thing, may make such declaration, or a declaration as
nearly as possible corresponding thereto, as circumstances
permit, and do such thing in the name and on behalf of
such incapable person, and all acts done by such substitute
shall for the purposes of this Act be as effectual as if done
by the person for whom he is substituted.

23. The Registrar shall cause to be published during
each quarter, in the Gazette, a list of all designs registered,
during the preceding quarter, and any further information
that he may deem generally useful or important.

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DESIGNS 11

24. Any declaration required to be made under this Act Dedara-
tions. may be taken by the Registrar.

25-41) The Registrar, with the sanction of the Min- Rulesand
fees. ister, may from time to time make such general rules

and do such things as he may think expedient, for prescrib-
ing the practice of registration under this Act, for classi-
fying goods for the purposes of designs; for prescribing
the fees to he paid under this Act, or for any other purpose
which may be or be deemed necessary for the carrying out
of the provisions of this Act.

(2) Any rules made in pursuance of this section
shall be laid before the House of Representatives and shall
be published in the Gazetre.

26. All fees received under this Act shall be paid into Fe pai intothe tobe
the Consolidated Fund. CO 1 soIidated

Fudd.

27. All certificates and certified copies given by the Ex4mption from stamp
Registrar under this Act shall be exempt from stamp duty. dutt.

28. All designs of an approved society for which appli- Exemption
from fees.

cation for registration is made under this Act shall be
exempt from all fees under this Act, or rules made there-
under.

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