(a)
falsely represents that any article is a patented article; or
(b)
represents that any article is the subject of a patent
application, knowing that no such application has been made
or that an application made in respect thereof has been
refused or withdrawn or has lapsed,
shall be guilty of an offence and on conviction liable to a fine
not exceeding R1 000 or to imprisonment for a period not
exceeding 12 months or to both such fine and such
imprisonment.
(2)
If any person disposes of any article on which is stamped, engraved or
impressed or to which is otherwise applied the word “patent”,
“patented” or any other word expressing or implying that the article is
patented, or to which any marking is applied in any manner
expressing or implying that the article is patented, he shall be deemed
for the purposes of this section to represent that the article is a
patented article.
(3)
The provisions of subsection (2) shall not apply to a person who
disposes of articles in good faith in the ordinary course of trade
provided, when called upon to do so, he discloses the identity of the
person from whom he acquired the article in question.
(4)
Any person who is of the opinion that he is prejudiced by a
representation referred to in subsection (1) (a) or (b), may apply to the
commissioner for an interdict against the continuation of that
representation.
[S. 85 substituted by s. 8 of Act No. 67 of 1983.]
CHAPTER XVI
MISCELLANEOUS
86.
Documents may be sent by post.
Any application, notice or document authorized or required in terms of this Act
to be lodged, made or given at the patent office or to the registrar or any other
person, may be delivered by hand or sent through the post.
87.
88.
Address for service.
(1)
With every application, notice or other document authorized or
required in terms of this Act to be lodged or given, the applicant or
other person concerned shall furnish in the prescribed manner an
address within the Republic as an address for service, which shall for
the purposes of this Act be deemed to be the address of such
applicant or other person, and all documents in relation to such
application, notice or other document may be served by leaving them
at or sending them to such address for service.
(2)
Any address for service may be changed by notice in the prescribed
manner.
Calculation of periods of time.