(8)
26.
In considering any application under subsection (6) the court shall,
unless it appears to it that there are good reasons to the contrary,
resolve the dispute in a manner which will lead to the preservation and
exploitation of the registered design.
Correction of clerical errors and amendment of documents.
(1)
The registrar or the court may authorize—
(a)
the correction of any clerical error or error in translation in any
certificate of registration, application for the registration of a
design or document lodged in pursuance of such application,
or in the register;
(b)
the amendment otherwise of any document for the amending
of which no express provision is made in this Act.
(2)
A correction may be made in accordance with this section, either upon
a request in writing accompanied by the prescribed fee or without
such a request.
(3)
If a correction is contemplated otherwise than upon such a request,
the registrar shall give notice thereof to the registered proprietor or the
applicant for the registration of the design, as the case may be, and to
any other person who appears to him to be concerned, and shall give
any such person an opportunity of being heard before the correction is
made.
(4)
If a correction is requested and it appears to the registrar that the
correction would materially alter the scope of the document to which
the request relates and the document is open for public inspection, the
registrar may require notice of the request to be published in the
journal and to be served upon such persons as he or she may deem
necessary.
[Sub-s. (4) substituted by s. 76 of Act No. 38 of 1997.]
(5)
If the registrar has not required such notice to be so published and
served or, if it had been so published and served and there is no
opposition to such a correction, the registrar may decide the matter or,
in the latter case, refer it to the court, which shall decide it as it may
deem fit.
[Sub-s. (5) substituted by s. 76 of Act No. 38 of 1997.]
(6)
27.
Where such notice has been so published and served, any person
may oppose the request mentioned in subsection (2) within the
prescribed time and in the prescribed manner, and thereupon the
matter shall be dealt with by the court as it may deem fit.
Amendment of application for registration, and of registration, of
design.
(1)
An applicant for the registration of a design or a registered proprietor
of a design may at any time apply in the prescribed manner to the
registrar for the amendment of the application for the registration of a
design or of the registration of a design, as the case may be, and shall