38. Special provisions as to vessels, aircraft and land vehicles of convention countries. (1) (2) 39. 40. Subject to the provisions of this section, the rights of a registered proprietor shall not be deemed to be infringed— (a) by the use on board of a convention vessel of the registered design 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 such design is used exclusively for the actual needs of the vessel; or (b) by the use of the registered design 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. 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. Register to be evidence. (1) The person appearing from the register to be the proprietor of or applicant for the registration of a design shall, subject to any right appearing from the register to be vested in any other person, have power to deal with the registered design or the application for the registration of a design 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 28, a document or instrument in respect of which no entry has been made in the register in terms of section 7, shall not be admitted in evidence in any proceedings in proof of the title to a registered design or application for the registration of a design or to any interest therein unless the court, on good cause shown, otherwise directs. (4) The register shall be prima facie evidence of any matter directed or authorized by this Act to be entered therein. Certificates of registrar to be prima facie evidence. (1) A certificate purporting to be signed by the registrar, to the effect that any entry authorized by this Act to be made, has or has not been made or that any other thing so authorized to be done has or has not been done, shall be prima facie evidence of the matters specified in that certificate.