64
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
(5)
If there is opposition as provided for in subsection (2) and the
Registrar is satisfied that the opposition has merit, he or she must refuse to restore the
registration.
(6)
The owner of a design registration restored in accordance with
subsections (1) to (4) is not be entitled, in terms of section 124, to institute any
proceedings against or recover damages from any person who exploited the registered
design after the lapse of a period of six months from the date on which the renewal
fee was due and before the date on which the request for restoration was published, or
who commenced exploitation of the registered design during the aforesaid period and
thereafter continues to exploit the registered design.
(7)
Where a design registration has been restored in accordance with
subsections (1) to (4), any person who during the period referred to in subsection (6)
expended any money, time or labour with a view to exploiting the registered design and
who is prevented from such exploitation by the restoration of the registration, may apply
to the Tribunal for compensation to be paid by the owner of the design registration in
respect of the money, time and labour so expended.
(8)
If the owner fails to pay the compensation, if any, found to be payable
by the Tribunal, the design registration lapses.
PART 7
CHANGE IN OWNERSHIP AND JOINT OWNERSHIP OF DESIGN
APPLICATIONS AND DESIGN REGISTRATIONS
Change in ownership of applications or registrations
113.
(1)
Any change in the ownership of a registered design or design
application, must be in writing and signed by the transferor, unless the transferor is
deceased or has ceased to exist.
(2)
The owner of a registered design or design application or any interested
party may in the prescribed manner request the Registrar to change ownership of the
registered design or design application.
(3)
On receipt of an application made under subsection (2) –
(a)
the Registrar must record the change in the appropriate register; and
(b)
except in the case of the transfer of an application, the Registrar must
publish any such change in the bulletin.
(4)
A change in the ownership of any title mentioned in this section has no
effect against third parties unless it has been recorded by the Registrar in the appropriate
register.
Joint ownership of design applications
114.
(1)
Where two or more persons have jointly filed an application for
registration of a design, the joint applicants have, in the absence of an agreement to the