put on the market by the proprietor or with the proprietor’s authorisation.
(4) Where a person performs any of the acts referred to in paragraph (b) of subsection
(1) in respect of¾
(a)
a layout-design which is an unlawful reproduction of a registered
layout-design; or
(b)
an integrated circuit incorporating an unlawfully reproduced layoutdesign referred to in paragraph (a); or
(c)
an article incorporating an integrated circuit referred to in paragraph
(b);
the act shall be lawful if, when the person acquired the layout-design, integrated
circuit or article concerned, he did not know and had no reasonable grounds to know
that the layout-design was an unlawful reproduction:
Provided that, after he has received due notice that the layout-design concerned is an
unlawful reproduction, he may perform any of those acts only in respect of stock
which he had on hand when he received the notice or which he ordered before he
received the notice and, if he does perform any of those acts in respect of that stock,
he shall be liable to pay the proprietor of the registered layout-design a sum
equivalent to a reasonable royalty such as would be payable under a freely negotiated
licence in respect of such a layout-design.
(5) Subject to this Act, the registration of a layout-design shall have the same effect
against the State as it has against a subject.
16
Period of protection of registered layout-designs
(1) The protection accorded to any registered layout-design by section fifteen shall
commence¾
(a)
on the date on which the design was first exploited commercially
anywhere in the world by or with the authorisation of its proprietor; or
(b)
where the design has not been exploited commercially before its
registration, on the effective date of its registration, as provided in section thirteen.
(2) The protection accorded to any registered layout-design by section fifteen shall
terminate at the end of the tenth calendar after the commencement of the protection in
terms of subsection (1).
PART V
CORRECTION AND RECTIFICATION OF REGISTER AND CANCELLATION
OF REGISTRATION
17
Power of Registrar to authorise corrections
(1) The Registrar may authorise the correction of any clerical or similar error in the
Register.
(2) The Registrar may authorise a correction in terms of subsection (1) either on his
own initiative or upon a request in writing made by any interested person and
accompanied by the prescribed fee.
(3) Where it is proposed to make a correction otherwise than upon a request in
writing, the Registrar shall give notice of the proposal to the registered proprietor of
the layout-design and to any other person who appears to him to be concerned, and
shall give any such person an opportunity to be heard before the correction is made.
18
Rectification of Register
(1) On the application of any aggrieved person, the Tribunal may order the Register
to be rectified by the making or alteration of any entry in it or the deletion of any
entry from it.
(2) The Tribunal may determine any question which it may be necessary or expedient
to decide in connection with the rectification of the Register.
(3) Notice of any application to the Tribunal in terms of subsection (1) shall be given
in the prescribed manner to the Registrar and to any other person appearing from the
Register to be interested in the layout-design concerned, and the Registrar and any
such person shall be entitled to appear and be heard in the application.
(4) A notice of any order made by the Tribunal under this section shall be served on