57.
| (1) The Court may on the application of any person showing a legitimate interest, or of any competent authority including the Registrar, to which the registered owner of the industrial design and every assignee, licensee or sub- licensee on record shall be made party, declare the registration of the industrial design null and void on any one or more of the following grounds: -
| | (a) that the provisions of sections 26, 27 and 28 have not been satisfied : Provided, however, that the grounds of nullity referred to in section 26 (2) shall not be taken into account if they do not exist at the date of the application to Court; | | |
| | (b) that the identical industrial design has been previously registered upon a prior application or has been conferred earlier priority by virtue of an application in that behalf upon the ground of prior registration in another country ; | | |
| | (c) that the essential elements of the registered industrial design have been unlawfully derived from the creation of another person within the meaning of section 30. | | |
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| (2) Where an application under subsection (1) relates to several industrial designs, included in the registration and the ground or grounds for nullity apply to some but not to all such industrial designs, the Court shall declare such registration null and void in so far as it relates to the industrial design in respect of which the ground or grounds for nullity apply. |
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Sri Lanka Consolidated Acts