41.
42.
43.
(2)
A copy or an extract purporting to be a copy of an entry in the register
or of a document kept at the designs office or an extract from the
register or any such document, and purporting to be certified by the
registrar and to be sealed with the seal of the designs office, shall be
admitted in evidence in all courts without further proof or production of
the originals.
(3)
If any document or book bears a date purporting to be the date in
which it became available to the public, that date shall, unless the
contrary is proved, be deemed to be the date on which it became so
available.
Certification of validity.
(1)
If in any proceedings the validity of any registration of a design is in
issue, the court finding that registration to be valid, may certify to that
effect.
(2)
If in any subsequent proceedings the validity of that registration is
unsuccessfully attacked by any party, that party shall, unless the court
otherwise directs, pay to the other party his full costs, charges and
expenses as between agent or attorney and client so far as that
registration is concerned.
Appeal to court.
(1)
Any party to proceedings before the registrar may appeal to the court
against any order or decision of the registrar pursuant to such
proceedings.
(2)
The order or decision of the registrar referred to in subsection (1) shall
be deemed to be an order or judgment of a magistrate in a civil action
heard by such magistrate.
Proclamations as to convention countries.
(1)
The State President may, with a view to the fulfilment of a treaty,
convention, arrangement or engagement, by proclamation in the
Gazette declare that any country or group of countries specified in the
proclamation is a convention country or are convention countries for
the purposes of any or all of the provisions of this Act.
(2) For the purposes of subsection (1) every territory for whose
international relations another country is responsible shall be deemed
to be a country in respect of which a declaration may be made under
that subsection.
44.
Registration of design where application for protection has been made
in convention country.
(1)
An application for registration of a design in respect of which
protection has been applied for in a convention country, by way of an
application for registration of a design or similar right, may be made in
accordance with the provisions of this Act by the person by whom the
application for protection in the convention country was made or his or