Section 19 Patents and Designs Act 1971
Section 19 of the Patents and Designs Act 1971 is about Rights conferred by registration. It is under ‘Designs’ of the Act. It provides as follows:
(1) Registration of an industrial design confers upon the registered owner the right to preclude any other person from doing any of the following acts–
(a) reproducing the design in the manufacture of a product;
(b) importing, selling or utilising for commercial purposes a product reproducing the design; and
(c) holding such a product for the purpose of selling it or of utilising it for commercial purposes.
(2) The reproduction of a registered industrial design is not lawful for the purposes of subsection (l) of this section merely because it differs in minor or inessential ways from the design or because it concerns a type of product other than the type with which the design is concerned.
(3) The rights conferred by this section-
(a) shall extend only to acts done for commercial or industrial purposes; and
(b) shall not extend to acts done in respect of a product incorporating a registered industrial design after the product has been lawfully sold in Nigeria.
Leave a Reply