709. Interpretation
In this Title unless the context otherwise requires—
“article” means (as respects designs) any article of manufacture and any substance artificial or natural, or partly artificial and partly natural;
“copyright” means the exclusive right to apply a design to any article in any class in which the design is registered;
“design” means any design (not being a design for a sculpture or other thing within the protection of the Sculpture Copyright Act, 1814) applicable to any article, whether the design is applicable for the pattern, or for the shape or configuration, or for the ornament, or for any 2 or more of such purposes, and by whatever means it is applicable, whether by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, staining, or any other means whatever, manual, mechanical, chemical, separate or combined;
“invention” means any manner of new manufacture the subject of letters patent and grant of privilege within section 6 of the Statute of Monopolies (that is, the Act of the twenty-first year of the reign of King James the First, Chapter 3, intituled “An Act concerning monopolies and dispensations with penal laws and the forfeiture”), and includes an alleged invention;
“inventor” and “applicant” shall include the legal representative of a deceased inventor or applicant;
“mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination;
“patent” means letters patent for an invention;
“patentee” means the person for the time being entitled to the benefit of a patent;
“prescribed” means, in relation to proceedings before the Court, prescribed by rules of court; in other cases, prescribed by the provisions of this Title or of any rules appended to or made thereunder;
“proprietor of a new or original design” —
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(a) where the author of the design, for goods or services consideration, executes the work for some other person, means the person for whom the design is so executed; and
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(b) where any person acquires the design or the right to apply the design to any article, either exclusively of any other person or otherwise, means, in the respect and to the extent in and to which the design or right has been so acquired, the person by whom the design or right is so acquired; and
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(c) in any other case, means the author of the design, and where the property in, or the right to apply, the design has devolved from the original proprietor upon any other person, includes that other person;
“registered trade mark” means a trade mark which is actually upon the register;
“registrable trade mark” means a trade mark which is capable of registration under Part 3 of this Title;
“the Court” means the Supreme Court;
“trade mark” means a mark used or proposed to be used upon or in connection with goods or services for the purpose of indicating that they are the goods or services of the proprietor of such trade mark by virtue of manufacture, selection, certification, dealing with, or offering for sale.
(Amended by Act 14 of 1989)