payable by virtue of that subsection shall be divided between the
registered proprietor and the assignor in such proportion as may be
agreed upon between them or as may in default of agreement be
determined by the High Court on a reference under section twenty-one;
and
(b)
in relation to any use of the design made for the services of the
State by the registered proprietor to the order of a Government
department, subsection (3) of section eighteen shall have effect as if that
use were made by virtue of an authority given under that section.
(5) Where, under subsection (3) of section eighteen, payments are
required to be made by a Government department to a registered
proprietor in respect of any use of a design, any person being the holder
of an exclusive licence under the registered design (not being such a
licence as is mentioned in subsection (3) of this section) authorising him
to make that use of the design shall be entitled to recover from the
registered proprietor such part, if any, of those payments as may be
agreed upon between that person and the registered proprietor, or as may
in default of agreement be determined by the High Court under section
twenty-one to be just having regard to any expenditure incurred by that
person(a)
in developing the said design; or
(b)
in making payments to the registered proprietor, other than
royalties or other payments determined by reference to the use of the
design, in consideration of the licence;
and if, at any time before the amount of any such payment has been
agreed upon between the Government department and the registered
proprietor, that person gives notice in writing of his interest to the
department, any agreement as to the amount of that payment shall be of
no effect unless it is made with his consent.
(As amended by S.I. No. 175 of 1965
and Act No. 16 of 1980)
20. (1) In this section, "period of emergency" means any period
beginning on such date as may be declared by the Minister by statutory
notice to be the commencement, and ending on such date as may be so
declared to be the termination, of a period of emergency.
Special
provisions as to
State use during
emergency