31.
(4)
An attachment shall lapse on the expiry of a period of three years from
the date of recording it in terms of subsection (2), unless it is renewed
within that period.
(5)
The hypothecation of a registered design or an application for the
registration of a design may on application in the prescribed manner
be entered in the register.
(6)
After the entry of an attachment or hypothecation in terms of this
section, the registered proprietor or applicant for the registration of a
design shall not alienate or encumber the attached or hypothecated
registered design or application for the registration of a design or grant
any licences in respect of such registered design: Provided that such
attachment or hypothecation shall not affect the granting of a licence
in terms of section 21.
Grounds for application for revocation of registration of design.
(1)
Any person may at any time apply to the court in the prescribed
manner for the revocation of the registration of a design on the
following grounds, namely—
(a)
that the application for the registration of the design was not
made by a person entitled thereto under section 14;
(b)
that the registration of the design is in fraud of the rights of the
applicant or of any person under or through whom he claims;
(c)
that the design in question is not registrable under section 14;
[See ante 9.20 to 9.31, 9.56, 9.57 to 9.61, 9.71, 9.72.1 to 9.72.10,
9.73, 9.74, 9.75.]
32.
(d)
that the application for the registration of the design contains a
false statement or representation which is material and which
the registered proprietor knew was false at the time when the
statement or representation was made;
(e)
that the application for the registration of the design should
have been refused in terms of section 16.
(2)
An application for revocation shall be served on the registered
proprietor and lodged with the registrar in the prescribed manner,
whereafter it shall be dealt with in the prescribed manner.
(3)
The court shall decide whether the registration shall be revoked or not.
Registration comprising more than one design.
Registration of a design shall be granted for one design only, but no person
may in any proceedings apply for the revocation of such registration on the
ground that it comprises more than one design.
33.
After revocation on ground of fraud proprietor may in certain
circumstances again register design.