In so far as a design1 has, before its date of registration, been duly recorded by or applied by or on behalf of a government department otherwise than in consequence of the communication of the design directly or indirectly by the registered proprietor2 or any person from whom he derives title, any use of the design under Crown powers3 may be made free of any royalty or other payment to the registered proprietor4. In so far as a design has not been so recorded or applied, however, any such use of the design made at any time after the
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