106
Act No. 1, 2012
Government Gazette 23 March 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
(2)
A certificate purporting to be signed by the Registrar, to the effect that
any entry authorised by this Act to be made, has or has not been made, or that any other
thing so authorised to be done, has or has not been done, is prima facie evidence of the
matters specified in that certificate.
(3)
A copy or an extract purporting to be a copy of an entry in the register
or of a document kept at the 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
Office, will be admitted in evidence before the Tribunal or any other court without
further proof or production of the originals.
Evidence of ownership
204.
(1)
The person appearing from the register to be the owner of a
patent or a utility model certificate or an industrial design registration or the registration
of a trade mark, including a certification or collective trade mark, or an applicant in an
application for any such title under this Act has, subject to any right appearing from the
register to be vested in any other person, the power to deal with such industrial property
title or application as the owner thereof.
(2)
In all legal proceedings relating to a registered industrial property title
under this Act, the fact that a person is registered as the owner of the title is prima facie
evidence of the validity of the original registration of ownership of the title and of all
subsequent assignments and transmissions of such ownership.
(3)
The provisions of subsections (1) and (2) do not protect any person
dealing with an owner or applicant otherwise than as a bona fide licensee, purchaser,
hypothecary or judgment creditor and without notice of any fraud on the part of such
owner or applicant.
(4)
Except as expressly otherwise provided in this Act, a document or
instrument in respect of which no entry has been made in the register may not be
admitted in evidence in any proceedings in proof of the title to a patent or a utility
model certificate or an industrial design registration or the registration of a trade mark,
including a certification or collective mark, or an application to any such title, or to
any interest therein, unless the Registrar, Tribunal or the court, on good cause shown,
otherwise directs.
(5)
Except as expressly otherwise provided in this Act, no person who
does not appear from the register as having an interest in an industrial property title
under this Act or an application therefore, may be allowed to prove such interest in any
proceedings, unless the Registrar, Tribunal or the court, on good cause shown, otherwise
directs.
Loss of document
205. If any document issued by the Registrar or lodged with the Registrar
is lost, the Registrar must, on the request of any person entitled to such document and
on payment of the prescribed fee, furnish such person with a copy of such document
issued or lodged insofar as this is possible, or, if a copy cannot be furnished, furnish
such person with a certificate in respect thereof.