that period: Provided that the registrar may upon application and
subject to the payment of such additional fee as may be prescribed,
extend the period for payment of any such fee for a period not
exceeding six months.
23.
Restoration of lapsed registration.
(1)
Where, after the commencement of this Act, the registration of a
design has lapsed owing to non-payment of any prescribed renewal
fee within the prescribed period or the extended period referred to in
section 22 (2), the registered proprietor may in the prescribed manner
and on payment of the prescribed fee, apply to the registrar for the
restoration of such registration.
[Sub-s. (1) substituted by s. 75 of Act No. 38 of 1997.]
24.
25.
(2)
If the registrar is satisfied that the omission to pay the prescribed
renewal fee was unintentional and that no undue delay has occurred
in the making of the application, he shall advertise the application in
the prescribed manner, and thereupon any person (hereinafter in this
section referred to as the objector) may within such period as may be
prescribed, give notice in the prescribed manner of opposition to the
restoration of such registration.
(3)
If there is no opposition to such restoration, the registrar may, subject
to the provisions of subsection (5), issue an order restoring such
registration, or dismiss the application.
(4)
If notice of opposition is given, the registrar shall, after hearing the
applicant and the objector, decide the matter and issue an order
restoring such registration, or dismiss the application.
(5)
Any order restoring the registration of a design shall be subject to the
payment of such prescribed fee as remains unpaid on the date of the
order.
Compensation arising from restoration.
(1)
Where registration of a design has been restored in terms of section 3,
any person who, during the period between the lapse of such
registration and its restoration, has expended any money, time or
labour with a view to making or disposing of articles embodying the
registered design, may apply in the prescribed manner to the court for
compensation in respect of the money, time and labour so expended.
(2)
The court may, after hearing the parties concerned, assess the
amount of such compensation if in its opinion the application ought to
be granted, and determine the time in which such compensation shall
be paid.
(3)
Any amount assessed under subsection (2) shall not be recoverable
as a debt or damages but, if it is not paid within the time determined
by the court, the registration of the design shall lapse.
Joint ownership of registered design.