25 Cancellation of registration by Registrar
(1) The Registrar may, upon a request made in the prescribed manner by the
registered proprietor, cancel the registration of a design.
(2) At any time after a design has been registered any person interested may apply to
the Registrar for the cancellation of the registration of the design—
(a)
on the ground that—
(i)
the design was not, at the date of the registration thereof, new or
original; or
(ii)
the design, at the time when it was registered, was a corresponding
design in relation to an artistic work in which copyright subsisted under the Copyright
Act or any law repealed by that Act; or
(iii)
by reason of a previous use of that artistic work, the design would not
have been registrable under this Act but for subsection (2) of section twelve; or
(iv) the copyright in that work under the Copyright Act has expired;
or
(b)
on any other ground on which the Registrar could have refused to
register the design;
and the Registrar may make such order on the application as he thinks fit.
(3) An appeal shall lie from any order of the Registrar under subsection (2).
PART VII
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE,
DOCUMENTS AND POWERS
26
Evidence of certain entries and documents
(1) A certificate purporting to be signed by the Registrar and certifying that any entry,
the making of which is or was at the time authorized by or under this Act, has or has
not been made or that any other thing which is or was at the time so authorized to be
done has or has not been done shall be prima facie evidence of the matters so
certified.
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
(2) A copy of any entry in the Register or of any representation, specimen or
document kept in the Designs Office or an extract from the Register or any such
document purporting to be certified by the Registrar and sealed with the seal of the
Patent Office shall be admitted in evidence without further proof and without
production of the original.
27
Inspection of registered designs
(1) Subject to this section and any regulation referred to in subsection (2) of section
eleven, the representation or specimen of a design registered under this Act shall be
open to public inspection at the Designs Office on and after the day on which the
certificate of registration is issued.
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
(2) In the case of a design registered in respect of an article of any class prescribed for
the purposes of this subsection, no representation or specimen of the design lodged in
pursuance of the application shall, until the expiration of such period after the day on
which the certificate of registration is issued as may be prescribed in relation to
articles of that class, be open to public inspection at the Designs Office except by—
(a)
the registered proprietor or a person authorized in writing by the
registered proprietor; or
(b)
a person authorized by the Registrar, the Tribunal or a court of
competent jurisdiction:
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
Provided that where the Registrar proposes to refuse an application for the
registration of any other design on the ground that it is the same as the firstmentioned design or differs from that design only in immaterial details or in features
which are variants commonly used in the trade, the applicant shall be entitled to
inspect the representation or specimen of the first-mentioned design lodged in