18.
Certificate of registration.
As soon as practicable after the registration of a design under section 15 (1)
the registrar shall—
(a)
issue a notification of registration to the applicant; and
(b)
cause to be published in the journal in the prescribed form a notice of
such registration and, upon such publication, issue a certificate of
registration to the registered proprietor.
[S. 18 substituted by s. 72 of Act No. 38 of 1997.]
19.
Inspection by public.
After the publication contemplated in section 18, the entry in the register, as
well as the application and all the documents lodged in support thereof, shall
on payment of the prescribed fee be open to public inspection in the designs
office.
20.
Effect of registration of design.
(1)
The effect of the registration of a design shall be to grant to the
registered proprietor in the Republic, subject to the provisions of this
Act, for the duration of the registration the right to exclude other
persons from the making, importing, using or disposing of any article
included in the class in which the design is registered and embodying
the registered design or a design not substantially different from the
registered design, so that he shall have and enjoy the whole profit and
advantage accruing by reason of the registration.
(2)
The disposing of an article embodying a registered design by or on
behalf of a registered proprietor or his licensee shall give the
purchaser the right to use and dispose of that article.
(3)
Notwithstanding subsection (1), the rights of the registered proprietor
of a registered design in the form of an integrated circuit topography
shall not be infringed by a person who—
(a)
makes an article embodying the registered design or a design
not substantially different from the registered design, for
private purposes or for the sole purpose of evaluation,
analysis, research or teaching;
(b)
imports or disposes of an integrated circuit embodying the
registered design which has been unlawfully produced or an
article incorporating such an integrated circuit and proves that
at the time of acquiring the integrated circuit or article he or
she was not aware and had no reasonable grounds of
becoming aware that the integrated circuit or article embodied
a registered design which had been unlawfully produced:
Provided that when the person receives sufficient notice that
the registered design was unlawfully produced, the person
may dispose of any stock of such integrated circuits or articles
but shall be liable to pay to the registered proprietor a sum
calculated on the basis of a reasonable royalty which would