Paragraph 15
United Kingdom
Where, in the case of a design, an authority for its use is continued in force by, or is conferred by virtue of, paragraph 12 of this Schedule, then—
if and so far as the design has, before the date of registration thereof, been duly recorded by or applied by or on behalf of a government department otherwise then in consequence of the communication of the design, directly or indirectly, by the registered proprietor or a person from whom he derives title, any use of the design by virtue of the said paragraph 12 may be made free of any royalty or other payment to the registered proprietor;
if and so far as the design has not been so recorded or applied as aforesaid, any use of the design by virtue of the said paragraph 12 at any time after the date of registration thereof or in consequence of any such communication as aforesaid, shall—
except in a case where an agreement as to terms for the use of the design was made before the appointed day under paragraph 1(3) of Schedule 1 to the M1Registered Designs Act 1949 or a determination as to those terms was made by the court under paragraph 3 of that Schedule, be made upon such terms as may be agreed upon, either before or after the use, between the Post Office and the registered proprietor or as may, in default of such an agreement, be determined by the court on a reference under paragraph 19 of this Schedule;
in the said excepted case, be made upon the terms of the said agreement or determination.
Annotations
Marginal citations
- M1
Notes on the whole Act
Textual amendments
- F1
Act repealed in part (Isle of Man) (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 11(5)
Notes on Schedule 10
Textual amendments
- F1
Sch. 10 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))