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WIPO Database of Intellectual Property Legislative Texts SOUTH AFRICA SUBSTITUTION OF APPLICANTS (Section 21 or 26(2)) 34. (1) Notwithstanding anything contained in these regulations and subject to section 21 (3) of the Act, any person may apply on Form RF 8 for a substitution of applicant in respect of the copyright in a cinematograph film which is the subject of a pending application for registration; and the Registrar may, if satisfied that there is good reason to grant the application, approve the substitution subject to such conditions as he deems necessary. (2) The application to substitute a body corporate in terms of section 26(2) of the Act for another applicant in the case of a pending application shall likewise be made on Form RF 8 and shall be dealt with in terms of subregulation (1) of this regulation. LICENCES (Section 20) 35.– (1) An application to the Registrar for the registration under section 20 of the Act, of a person as a licensee of copyright in a cinematograph film which has been registered shall be made by that person and the owner of the copyright in the cinematograph film on Form RF 10 and shall be accompanied by a sworn declaration by the owner or authorised person as required by section 20(2) of the Act on Form RF 9. (2) In addition to the above there shall be lodged duly authenticated copies of the licence agreement between the two parties and such other documents as the Registrar may require. 36. The date of an entry of a licensee in the register shall be the date on which application for registration as a licensee was made. In addition to the business address of the licensee the application shall include the address for service of the licensee. A notification in writing of the registration of a licensee shall be sent to the registered owner of the copyright in the cinematograph film and shall be advertised in the Patent Journal. 37. An application by the owner of the copyright in the cinematograph film or any licensee of the copyright in the cinematograph film for the cancellation of the registration of a licensee of that copyright in a cinematograph film under section 20(5)(a) of the Act shall be made on Form RF 10 and shall be accompanied by a statement of the grounds on which it is made. 38. Application by any person for the cancellation of the registration of a licensee of the copyright in a cinematograph film under section 20(5)(b) of the Act, shall be made on Form RF 10 and shall be accompanied by a statement of the grounds on which it is made. 39.– (1) The applicant for cancellation under the provisions of regulations 37 and 38 shall satisfy the Registrar that he has given a notification of the application to each licensee of the copyright in a cinematograph film and also to the owner of the copyright in the cinematograph film, if the owner is not the applicant, and that he has duly notified the interested persons of their right of intervention as provided in subregulation (2). (2) Any person so notified who intends to intervene shall within one month of the receipt of the notification or within such further time as the Registrar may allow (sic!) serve on the registered owner of the copyright in the cinematograph film, and on the licensee concerned, and lodge at the Office, a notice of intervention. (3) Such notice shall be on Form RF 5 and shall contain a statement of the ground upon which the person intends to intervene. Thereupon the provisions of regulation 50 shall mutatis mutandis apply to such application. ZA006EN Cinematographic Films, Regulations, 24/10/1980, No. R.2140 page 9 / 34

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