in making such application, set out the nature of the proposed
amendment and furnish his full reasons therefor.
(2)
An application for amendment shall be advertised in the prescribed
manner.
(3)
(a)
If the registration of a design to be amended is open for public
inspection, any person may oppose the application for
amendment of the registration of the design within the
prescribed time and in the prescribed manner; and
[Para. (a) substituted by s. 77 (a) of Act No. 38 of 1997.]
(b)
The court shall deal with such opposition in the prescribed
manner, and determine whether and on what conditions, if any,
the amendment ought to be allowed.
(4)
If no person opposes the application as contemplated in subsection
(3) (a), the registrar may determine whether and on which conditions,
if any, the amendment ought to be allowed.
(5)
An amendment of an application for the registration of a design, or the
registration of a design, may be allowed if it is by way of correction,
including the correction of a mistake.
(6)
No amendment of—
(a)
an application for the registration of a design, or a registration
of a design, shall be allowed if—
(i)
(ii)
(b)
the effect of the amendment would be to introduce
new matter or matter not in substance disclosed in
the application for the registration of a design or the
registration of the design before amendment; or
registration of a design as amended would include any
matter not fairly based on matter disclosed in the
document before amendment;
a registration of a design shall be allowed if—
(i)
the effect would be to alter a registration in terms of
the repealed Act from a Part A to a Part F
registration; or
(ii) the scope of the registration after amendment would be
wider than that before amendment.
[Sub-s. (6) substituted by s. 77 (b) of Act No. 38 of 1997.]
(7)
Any amendment made in conflict with the provisions of this section,
other than an amendment allowed by a court, may be set aside by the
court at any time on application made to it.
(8)
An application for the registration of a design made after the
commencement of this Act, may be amended from a Part A to a Part F
application or vice versa, but not after it has been granted.