(13) (a)
The court may award costs against the applicant or registered
proprietor concerned or any person opposing the relevant
application whenever it orders the grant of a licence under
subsection (4) (a).
(c)
In so awarding costs, the court shall inter alia have regard to—
(i)
the nature and extent of the abuse found by it to have
been established; and
(ii)
whether the application for a licence under this section
might have been avoided by the grant, by the
registered proprietor concerned to the applicant, of a
voluntary licence on reasonable terms.
(14) If the registered design in respect of which an application is made under
subsection (1) for the granting of a compulsory licence is an integrated circuit
topography, a mask work or a series of mask works—
(a)
subsections (2) (b), (5), (6), (11) and (12) shall not apply;
(b)
the court shall consider that application on its merits in
deciding whether or not to grant a licence as provided for in
subsection (4);
(c)
a licence granted under subsection (4) upon that application
shall include a provision that, subject to adequate protection of
the legitimate interests of the licensee, the licence shall, on
application by the registered proprietor of the registered
design, be terminated if the circumstances which led to its
grant cease to exist and, in the opinion of the court, are
unlikely to recur; and
(d)
a licence granted under subsection (4) upon that application
shall be non-exclusive and shall not be transferable except to a
person to whom the business or part of the business in
connection with which the rights under the licence were
exercised has been transferred.
[Sub-s. (14) added by s. 74 of Act No. 38 of 1997.]
22.
Duration of registration.
(1)
The duration of the registration of—
(a)
an aesthetic design shall be fifteen years;
(b)
a functional design shall be ten years,
(c)
from the date of registration thereof or from the release date,
whichever date is earlier, subject to the payment of the prescribed
renewal fee.
(2)
Registration of a design shall lapse at the end of the period prescribed
for the payment of any prescribed renewal fee, if it is not paid within