Transitional provision regarding ownership of design4

Section 6(1) of the Act does not apply to—

a

any design created before the commencement date, or

b

any design created on or after the commencement date in pursuance of a commission (irrespective of whether the design was commissioned before, on or after the commencement date) provided that—

i

the designer and the commissioner of the design have entered into a contract relating to the commission of the design, and

ii

the contract was entered into before the commencement date.