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United Kingdom Designs (Protection) Act

LAWS OF SOLOMON ISLANDS

[Revised Edition 1996]

CHAPTER 181

UNITED KINGDOM DESIGNS (PROTECTION)

3 of 1934
4 of 1935

AN ACT TO PROVIDE FOR THE PROTECTION OF DESIGNS REGISTERED IN THE UNITED KINGDOM

[16 July 1934]

Short title

1. This Act may be cited as the United Kingdom Designs (Protection) Act.

Protection of designs registered in United Kingdom
7 Ed. VII. c. 28
9 & 10 Geo V. c. 80.
LN 46A of 1978

2. Subject to the provisions of this Act the registered proprietor of any design registered in the United Kingdom under the Patents and Designs Acts 1907 and 1919 shall enjoy in Solomon Islands the same privileges and rights as though the Certificate of Registration in the United Kingdom had been issued with an extension to Solomon Islands.
(c. 80 7 Ed. VII. c. 28. 9 & 10 Geo V c. 80. GN 46A of 1978)

Protection of innocent infringer

3. The registered proprietor of a design shall not be entitled to recover any damages in respect of any infringement of copyright innocently infringes in a design from any defendant who proves that at the date of the 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.

Jurisdiction of Court
LN 46A of 1978

4. The Court shall have power upon the application of any person who alleges that his interests have been prejudicially affected to declare that exclusive privileges and rights in a design have not been acquired in Solomon Islands under the provisions of this Act, upon any of the grounds upon which the United Kingdom registration might be cancelled under the law for the time being in force in the United Kingdom.

Such grounds shall be deemed to include the publication of the design in Solomon Islands prior to the date of registration of the design in the United Kingdom.

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(No Subsidiary Legislation)