Where registration of a design is revoked on the ground of fraud, or where
registration fraudulently obtained has been surrendered and revoked, the
court may, on the application of the proprietor of the relevant design or his
assignee or his agent, made in accordance with the provisions of this Act,
direct that registration of such design be granted to him, bearing the same
date as the registration so revoked.
34.
35.
Voluntary surrender of registered design.
(1)
A registered proprietor may at any time, by giving notice in the
prescribed manner to the registrar, offer to surrender the design, and
the registrar shall give notice of the offer to any person shown in the
register to have an interest in that design.
(2)
Any interested person may within the prescribed time lodge in writing
with the registrar an objection to the surrender of the design.
(3)
If no objection is so lodged or if any such objection is overruled by the
court after having given the registered proprietor and the objector an
opportunity to be heard, the registration shall be deemed to have been
revoked as from the date of receipt by the registrar of the offer of
surrender, and the registrar shall advertise the revocation of the
registration in the journal and make the necessary entries in the
register.
(4)
An offer to surrender a registered design shall not be considered as
long as any proceedings for infringement or revocation of that
registered design are pending before the court, except by consent of
the parties to such proceedings or with the leave of the court.
Proceedings for infringement.
(1)
Proceedings for infringement of a design may be instituted by the
registered proprietor.
(2)
Before the registered proprietor institutes such proceedings, he shall
give notice thereof to every licensee in respect of the registered
design in question whose name is recorded in the register, and any
such licensee shall be entitled to intervene as a co-plaintiff: Provided
that no such notice is necessary in the case of a compulsory licence in
terms of section 21.
(3)
A plaintiff in proceedings for infringement shall be entitled to relief by
way of—
(a)
an interdict;
(b)
surrender of any infringing product or any article or product of
which the infringing product forms an inseparable part;
(c)
damages; and
(d)
in lieu of damages, at the option of the plaintiff, an amount