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United Kingdom Designs (Protection) Ordinance of 1928 (Chapter 182, as amended up to Ordinance No. 41 of 1949)

 United Kingdom Designs (Protection) Ordinance of 1928

fP/N/! IOHA/DII Page 2

14cCarthy Gap.161. Ordinanc~s

Nos. 23 of 1926 22 of 1932 41 of 1949.

Date of Commence­ ment.

Short title.

Extension to Lhe Gold Coast of privileges and rights enjoyed under 7 Edw.7. c'J/2!) and 9 and 10 Geo.V. c.80'&!

protection of persons ftninten.;..·· tionally infringing copyright in designs.

Proviso.

Power to Court to declare that copyright in a design has not been acquired in t.he Gold Coast ..

CHAPTER 182

UNITED KINGDOM DESIGNS (PROTECTION)

( Gold Coast)

AN OIiDINANCE TO PROVIDE FOR THE prOTECTION. IN THE GOLD CQAST OF DESIGNS fillGISTERED IN THE UNITED KINGDOM.

(Amended by 41 of 1949, 5$2$)

[9th November, 1928 ..]

1_ This Ordinance may be cited as the "United Kingdom Designs {;Protoo.tion} Ordinance." (Substituted by 41.0£ 1949, 6.3$)

2$ Subject to the provisions of this Ordinance, the registered proprietor of any design registered in the United Kingdom under the Patents and J)esigns Acts, 19Cfl and 1919, or any act amending or sub~tuted for those Acts. shall enjoy in the Gold Coast the like privileges and rights as though the Certif'icate o:f Registration in the United Kingdom had been Ls.sued with an extension to t.he GOld Coast e (Amended by 41 of 1949, 5.4.)

3. The registered proprietor of a design shall not be entitled to recover any damages in respect of any infringe­ ment of copyright in a design from any defendant wl~ proves that at the date of infringement he was not aware nor had any reasonable means of making himself aware of the existence of' the registration of' the design:

Provided that nothing in this section shall affect any proceedings for an injunction.

4* The Court shall have power- upon the application of dn~T person who alleges -that his interests have been prejudicially af'f'ect.ed, to declare that exclusive privileges and rights have not been acquired in the Gold Coast under the provisions of this Ordi.nance , upon any of the grounds upon which the United Kingdom registration might be cancelled under the lay; for the time being in force in the United Kingdom'll Such grounds shall be deemed to include the publication o£ the designs in the Gold Coast prior to the date of registration of the design in the Urri.t.ed Kingdome (Amended by 22 of 1932 and 41 of 1949, S.4.)