| (1) | Where registration of a design is granted to two or more persons jointly, each of them shall, in the absence of an agreement to the contrary, be entitled to an equal undivided share in the registered design. |
| (2) | Subject to the provisions of subsections (4) and (6), a joint registered proprietor shall, in the absence of an agreement to the contrary and in the absence of consent of the other joint registered proprietor or proprietors, not be entitled— |
| (a) | to perform any of the acts reserved exclusively for a registered proprietor in section 20; |
| (b) | to grant a licence or to assign the whole or any part of his interest in the registered design; or |
| (c) | to take any steps or institute any proceedings relating to the registered design: |
Provided that he may pay any renewal fee that is payable without recourse to any other joint registered proprietor.
| (3) | Where an article embodying a registered design or a design not substantially different from the registered design is disposed of by a joint registered proprietor, the acquirer or any person claiming through him shall be entitled to deal with it in the same manner as if the article had been disposed of by the registered proprietors jointly. |
| (4) | Any joint registered proprietor may institute proceedings for infringement and shall give notice thereof to every other joint registered proprietor, and any such other joint registered proprietor may intervene as co-plaintiff and recover any damages in respect of any damage he may have suffered as a result of the infringement. |
| (5) | If in any proceedings under subsection (4) damages are awarded to a plaintiff, damages shall be awarded to him as if he were the sole registered proprietor, and the defendant shall not be obliged to compensate any other joint registered proprietor in respect of the infringement in question. |
| (6) | Where any dispute arises between joint registered proprietors as to their respective rights in or to the registered design, the institution of proceedings relating to the registered design or the manner in which they should deal with the registered design, any joint registered proprietor may apply to the court to decide the matter in dispute. |
| (7) | If in considering any application under subsection (6) the court is satisfied that a joint registered proprietor, not being obliged thereto, is unable or unwilling to remain a registered proprietor, the court may order him to assign his rights to any other joint registered proprietor able and willing so to remain: Provided that where it appears to the court to be just and equitable, it may order the payment of compensation to the joint registered proprietor who is so ordered to assign his rights. |
| (8) | In considering any application under subsection (6) the court shall, unless it appears to it that there are good reasons to the contrary, resolve the dispute in a manner which will lead to the preservation and exploitation of the registered design. |
