38. Special provisions as to vessels, aircraft and land vehicles of
convention countries.
(1)
(2)
39.
40.
Subject to the provisions of this section, the rights of a registered
proprietor shall not be deemed to be infringed—
(a)
by the use on board of a convention vessel of the registered
design in the body of the vessel or in the machinery, tackle,
apparatus or other accessories thereof, if the vessel comes
into the territorial waters of the Republic temporarily or
accidentally only, and such design is used exclusively for the
actual needs of the vessel; or
(b)
by the use of the registered design in the construction or
working of a convention aircraft or land vehicle or accessories
thereof if the aircraft or vehicle comes into the Republic
temporarily or accidentally only.
For the purposes of this section, vessels and aircraft shall be deemed
to be vessels and aircraft of the country in which they are registered,
and land vehicles shall be deemed to be vehicles of the country within
which the owners are ordinarily resident.
Register to be evidence.
(1)
The person appearing from the register to be the proprietor of or
applicant for the registration of a design shall, subject to any right
appearing from the register to be vested in any other person, have
power to deal with the registered design or the application for the
registration of a design as the owner thereof.
(2)
The provisions of subsection (1) shall not protect any person dealing
with a proprietor or applicant as aforesaid otherwise than as a bona
fide licensee, purchaser, hypothecary or judgment creditor and without
notice of any fraud on the part of such proprietor or applicant.
(3)
Except for the purposes of section 28, a document or instrument in
respect of which no entry has been made in the register in terms of
section 7, shall not be admitted in evidence in any proceedings in
proof of the title to a registered design or application for the
registration of a design or to any interest therein unless the court, on
good cause shown, otherwise directs.
(4)
The register shall be prima facie evidence of any matter directed or
authorized by this Act to be entered therein.
Certificates of registrar to be prima facie evidence.
(1)
A certificate purporting to be signed by the registrar, to the effect that
any entry authorized by this Act to be made, has or has not been
made or that any other thing so authorized to be done has or has not
been done, shall be prima facie evidence of the matters specified in
that certificate.