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Section 40a

Repairs clause

(1) Protection as a design does not exist for a design incorporated in or applied to a product which constitutes a component part of a complex product used for the sole purpose of enabling the repair of that complex product so as to restore its original appearance. This does not apply if the main purpose for which the aforementioned component is put on the market is other than the repair of the complex product.

(2) Subsection (1) only applies if consumers are duly informed, by means of an identification mark or in other appropriate form, about the origin of the product used for repair purposes so that they are able, with full knowledge of the facts, to make an informed choice between competing products.

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