enacted, shall be exercisable in relation to the work or in relation to the copyright subsisting in the work under this Act, as the case may be.
(4) If, in accordance with paragraph (a) of the proviso, the right conferred by the Copyright Act 1911 would have reverted to the author or his personal representatives on the date referred to in that paragraph, and that date occurs after the commencement of this Act, then on that date—
- (a) the copyright in the work under this Act shall revert to the author or his personal representatives, as the case may be; and
- (b) any interest of any other person in that copyright that subsists on that date by virtue of any document made before the commencement of the Copyright Act 1911 shall cease.
THE SCHEDULE
Section 74.
FALSE REGISTRATION OF INDUSTRIAL DESIGNS
1. The provisions of this Schedule shall have effect where—
- (a) copyright subsists in an artistic work, and proceedings are brought under this Act relating to that work;
- (b) a corresponding design has been registered under the Registered Designs Act 1949 of the United Kingdom, or any Act amending or substituting for that Act, and the copyright in the design subsisting by virtue of that registration has not expired by effluxion of time before the commencement of those proceedings; and
- (c) it is proved or admitted in the proceedings that the person registered as the proprietor of the design was not the proprietor thereof for the purposes of that Act or such other Act and was so registered without the knowledge of the owner of the copyright in the artistic work.
2. For the purposes of those proceedings (but subject to paragraph 3) the registration shall be treated as never having been effected, and accordingly, in relation to that registration, section 74(1) of this Act shall not apply, and nothing in any written law relating to industrial designs shall be construed as affording any defence in those proceedings.
3. Notwithstanding anything in paragraph 2, if in the proceedings it is proved or admitted that any act to which the proceedings relate—
