CTHRepealedAct
Designs Act 1906
25BPower of Registrar to give directions to co‑owners
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##### 25B Power of Registrar to give directions to co‑owners
(1) Where there are 2 or more owners of a registered design, one or more of those owners may make application to the Registrar to give such directions as to a dealing with the design or an interest in the design, the grant of licences with respect to the design or the exercise of a right under section 25A in relation to the design, as he thinks fit.
(2) Upon application made to the Registrar under subsection (1), the Registrar shall, if he is satisfied that a direction should be given in relation to the matter raised in the application, give such a direction as he thinks appropriate but, if he is not so satisfied, shall refuse to give a direction.
(3) If an owner, within 14 days after being requested in writing by one of the other owners to execute an instrument or to do some other thing required for the carrying out of a direction given under subsection (2), fails to execute that instrument or to do that thing, one of those other owners may make application to the Registrar to give directions empowering a person to execute that instrument or to do that thing in the name and on behalf of the owner in default.
(4) Upon application made to the Registrar under subsection (3), the Registrar shall, if he is satisfied that a direction should be given in relation to the matter raised in the application, give such a direction as he thinks appropriate but, if he is not so satisfied, shall refuse to give a direction.
(5) Before giving a direction under this section, the Registrar shall give an opportunity to be heard:
(a) in the case of an application under subsection (1)—to the other owner or owners; or
(b) in the case of an application under subsection (3)—to the owner in default.
(6) A direction shall not be given under this section if it:
(a) would affect the rights or obligations of a trustee or of the legal personal representative of a deceased person, or rights or obligations arising out of either of those relationships; or
(b) would be inconsistent with the terms of an agreement between the owners.