Requirements before delivery on sales. (1) Before delivery on sale of any articles to which a registered re design has been applied, the proprietor shall- (a) (if exact representations or specimens were not furnished on the application for registration), furnish to the Controller the prescribed number of exact representations or specimens of the design ; and, if he fails to do so, the Controller may erase his name from the register, and thereupon the copyright in the design shall cease; and (b) cause each such article to be marked with the prescribed mark, or with, the prescribed words or figures, denoting that the design is registered ; and, if he fails to do so, the proprietor shall not be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design unless he shows that he took all proper steps to ensure the marking of the article, or unless he shows that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design.(2)Where a representation is made to the 2[Central Government] by or on behalf of any trade or industry that in the interests of the trade or industry it is expedient to dispense with or modify as regards any class or description of articles any of the requirements of this section as to marking, the 2 [Central Government] may, if 2[it] thinks fit, by rule under this Act, dispense with or modify such requirements as regards any such class or description of articles to such extent and subject to such conditions as 2[it] thinks fit. --------------------------------------------------------------------- 1 The words "within the prescribed time" were rep. by Act 12 of 1939 s. 11. 2 Subs. by the A.O. 1937. ---------------------------------------------------------------------- 11Effect of disclosure on copyright. 49.Effect of disclosure on copyright. The disclosure of a design by the proprietor to any other person, in such circumstances as would make it contrary to good faith for that other person to use or publish the design, and the disclosure of a design in breach of good faith by any person other than the proprietor of the design, and the acceptance of a first and confidential order for goods bearing a new or original textile design intended for registration, shall not be deemed to be a publication of the design sufficient to invalidate the copyright thereof if registration thereof is obtained subsequently to the disclosure or acceptance. 50 Inspection of registered designs.
