pursuance of the application for registration of that design.
(3) The representation or specimen of a design referred to in subsection (2) shall not,
during the period prescribed as referred to in that subsection, be inspected by any
person by virtue of that subsection except in the presence of the Registrar or of an
officer acting under him and, except in the case of an inspection authorized by the
proviso to that subsection, the person making the inspection shall not be entitled to
take a copy of the representation or specimen of the design or any part thereof.
(4) Where an application for the registration of a design has been abandoned or
refused, neither the application for registration nor any representation or specimen of
the design lodged in pursuance thereof shall at any time be open to public inspection
at the Designs Office or be published by the Registrar.
28
Information as to existence of copyright
The Registrar shall, on request made to him by any person furnishing such
information as may enable the Registrar to identify the design, and on payment of the
prescribed fee, inform that person whether the design is registered and, if so, in
respect of what articles, the date of registration and the name and address of the
registered proprietor.
29
Certificate of registration
The Registrar shall issue a certificate of registration in the prescribed form to the
registered proprietor of a design when the design is registered.
30
Copies of certificate of registration
The Registrar may—
(a)
where he is satisfied that the certificate of registration has been lost or
destroyed; or
(b)
in any other case in which he thinks it expedient;
furnish one or more copies of the certificate of registration.
31
Exercise of discretionary powers of Registrar
Without prejudice to any provision of this Act requiring the Registrar to hear any
party to proceedings thereunder or to give to any such party an opportunity to be
heard, the Registrar shall give to any applicant for registration of a design an
opportunity to be heard before exercising adversely to the applicant any discretion
vested in the Registrar by or under this Act.
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
32
Proceedings before Registrar
(1) Evidence in any proceedings before the Registrar under this Act shall be given by
affidavit, so, however, that the Registrar may, if he thinks fit in any particular case,
take oral evidence on oath in lieu of or in addition to such evidence as aforesaid and
may allow any witness to be cross-examined on his affidavit or oral evidence.
(2) For the purposes of any proceedings before the Registrar under this Act, the
Registrar shall have the same powers, rights and privileges as are conferred upon a
commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than the
power to order a person to be detained in custody, and sections 9 to 13 and 15 to 19
of that Act shall apply, mutatis mutandis, in relation to the hearing and determination
of any matter before the Registrar under this Act and to any person summoned to give
evidence or giving evidence before him.
33
Registrar may award costs
(1) In any proceedings before the Registrar under this Act, the Registrar may award to
any party such costs as he may consider reasonable and may direct how and by what
parties they are to be paid.
(2) Any costs awarded by the Registrar in terms of subsection (1) shall be taxed by
the registrar of the Tribunal and payment thereof may be enforced in the same manner
as if they were costs allowed by the Tribunal.
34
Power of Registrar to fix time and place of sitting and adjourn proceedings
The Registrar may in any proceedings held before him decide the hours, times and
places at which he will sit and he may adjourn the proceedings for such time and to