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Section 29: Right to industrial design

Patents, Industrial Designs And Trademarks Act · PART IV: INDUSTRIAL DESIGNS

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

29. Right to industrial design (1) The right to an industrial design shall belong to the creator. P4 – 18 [Issue 1] Revised Laws of Mauritius (2) Where 2 or more persons have jointly created an industrial design, the right to the industrial design shall belong to them jointly. (3) Where 2 or more persons have created the same industrial design independently of each other, the person whose application has the earliest filing date or, where priority is claimed, the earliest validly claimed priority date shall have the right to the industrial design, as long as the said application is not withdrawn, abandoned or rejected. (4) The right to an industrial design may be assigned or may be transferred by succession. (5) Where an industrial design is made in execution of an employment contract, the right to the industrial design shall belong, in the absence of express provisions to the contrary, to the employer. (6) The creator shall be named as such in the industrial design unless, in a written statement signed by him and addressed to the Controller, he indicates that he wishes not to be named. (7) Any promise or undertaking by the creator made to any person to the effect that he will make such a statement shall be without legal effect.

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