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Section 32: Rights conferred by registration

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.

32. Rights conferred by registration (1) The exploitation of a registered industrial design in Mauritius by any person, other than the registered owner, shall require the agreement of the latter. (2) For the purposes of this Act, “exploitation” of a registered industrial design means the making, selling or importation of articles bearing or embodying a design which is a copy, or substantially a copy, of the registered industrial design. (3) Any right under a registered industrial design shall not extend to act in respect of articles which have been put on the market in Mauritius by the registered owner or with his consent. (4) Any registered owner of an industrial design shall, in addition to any other rights, remedies or actions available to him, have the right to institute Court proceedings against any person who infringes the industrial design by performing, without his agreement, any act referred to in subsection (2) or who performs any act which is likely to amount to infringement.

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