entitled in separate proceedings in respect of any infringement by the
plaintiff of the patent to which the threat relates.
71.
Special provisions as to vessels, aircraft and land vehicles of
convention countries.
(1)
Subject to the provisions of this section, the rights of a patentee shall
not be deemed to be infringed—
(a)
by the use on board a convention vessel of the patented
invention 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 the invention is used exclusively for the
actual needs of the vessel; or
(b)
by the use of the patented invention 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.
(2)
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.
CHAPTER XII
EVIDENCE
72.
Register to be evidence.
(1)
The person appearing from the register to be the proprietor of or
applicant for a patent shall, subject to any right appearing from the
register to be vested in any other person, have power to deal with the
patent or the application for a patent 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 52, a document or instrument in
respect of which no entry has been made in the register in terms of
section 10, shall not be admitted in evidence in any proceedings in
proof of the title to a patent or application for a patent or to any interest
therein unless the commissioner or a court, on good cause shown,
otherwise directs.
(4)
Except for the purposes of section 52, no person who does not appear
from the register as having an interest in a patent or an application for
a patent, shall be allowed to prove such interest in any proceedings,
unless the commissioner or the court on good cause shown otherwise
directs.
(5)
The register shall be prima facie evidence of any matter directed or
authorized by this Act to be entered therein.