318 No. 6 of 2016]
Registration
of
Assignments
and
Transmissions
Layout-designs of Integrated
Circuits
41. (1) Where a person becomes entitled by assignment or
transmission to a registered layout-design, the person shall apply in
the prescribed manner to the Registrar to register the person’s
title, and the Registrar shall, on receipt of the application and on
proof of the person’s title to the Registrar’s satisfaction, register
the person as the proprietor of the layout-design and shall cause
particulars of the assignment or transmission to be entered on the
register.
(2) Where the validity of an assignment or transmission is in
dispute between the parties, the Registrar may refuse to register
the assignment or transmission until the rights of the party have
been determined by a competent court.
(3) Except for the purpose of an application before the Registrar
under subsection (1) or an appeal from an order thereon, or an
application under section forty or an appeal from an order thereon,
a document or instrument in respect of which no entry has been
made in the register in accordance with subsection (1), shall not be
admitted in evidence by the Registrar or the High Court in proof of
title to the layout-design by assignment or transmission unless the
Registrar or the High Court, as the case may be, otherwise directs.
Registered
Users
42. Subject to the provisions of section thirty-eight, a person
other than the qualified owner of a layout-design may be registered
as a registered user thereof.
Registration
as Registered
User
43. (1) Where it is proposed that a person should be registered
as a registered user of a layout-design, the qualified owner and the
proposed registered user shall jointly apply in writing to the Registrar
in the prescribed manner and every such application shall be
accompanied by—
(a) the agreement in writing or a duly authenticated copy
thereof, entered into between the qualified owner and
the proposed registered user with respect to the permitted
use of the layout-design; and
(b) an affidavit or solemn declaration made by the qualified
owner or by some person authorised to the satisfaction
of the Registrar to act on the person’s behalf.
(2) Where the requirements of subsection (1) have been
complied with, the Registrar shall register the proposed registered
user.