(d)
the communication of the design by the proprietor thereof to a
Government department or to any person authorised by the Minister to
consider the merits of the design, or of anything done in consequence of
such a communication.
(2) Where copyright subsists in an artistic work, and an application is
made by, or with the consent of, the owner of that copyright for the
registration of a corresponding design, that design shall not be treated
for the purposes of this Act as being other than new or original by reason
only of any use previously made of the artistic work, unless(a)
the previous use consisted of or included the sale, letting for hire,
or offer for sale or hire of articles to which the design in question (or a
design differing from it only as mentioned in subsection (2) of section
seven) had been applied industrially, other than articles of a description
specified in regulations made under subsection (3) of section seven; and
(b)
that previous use was made by, or with the consent of, the owner
of the copyright in the artistic work.
(As amended by G.N. No. 187 of 1964)
13. (1) Any person who qualifies under Article 2 or 3 of the Convention Convention
and who has applied for protection for any design in a convention
arrangements
country, or his legal representative or assignee (if such assignee is also
so qualified), may make an application for registration of that design in
priority to other applicants; and the registration shall have the same date
as the date of the application in the convention country or, where more
than one such application for protection has been made, the date of the
first such application:
Provided that(i)
the application for registration is made within six months from
the date of the application for protection in the convention country or,
where more than one such application for protection has been made,
from the date of the first application;
(ii)
no proceedings shall be taken in respect of any infringement of
copyright in that design committed before the date on which the
certificate of registration thereof under this Act is issued.