(b)
the terms for the use of a design for the services of the State
thereunder; or
(c)
the right of any person to receive any part of a payment made in
pursuance of subsection (3) of section eighteen; may be referred to the
High Court by any party to the dispute in such manner as may be
prescribed.
(2) In any proceedings under this section to which a Government
department is a party, the Government department may(a)
if the registered proprietor is a party to the proceedings, apply for
cancellation of the registration of the design upon any ground upon
which the deletion of a design may be ordered by the High Court under
section twenty-four;
(b)
in any case, put in issue the validity of the registration of the
design without applying for its cancellation.
(3) If in such proceedings as aforesaid any question arises whether a
design has been recorded or applied as mentioned in section eighteen
and the disclosure of any document recording the design, or of any
evidence of the application thereof, would, in the opinion of the
Government department, be prejudicial to the public interest, the
disclosure may be made confidentially to counsel appearing for the
other party or to an independent expert agreed upon by the parties.
(4) In determining under this section any dispute between a
Government department and any person as to terms for the use of a
design for the services of the State, the High Court shall have regard to
any benefit or compensation which that person or any person from
whom he derives title may have received, or may be entitled to receive,
directly or indirectly from any Government department in respect of the
design in question.
(As amended by S.I. No. 175 of 1965
and Act No. 16 of 1980)
PART VI
ASSIGNMENTS.
CANCELLATION
CORRECTIONS
AND