(4) A notice of any order made by the Tribunal under this section shall be served on
the Registrar and, on receipt of the notice, the Registrar shall rectify the Register
accordingly.
23
Cancellation of registration
(1) Upon a request being made in the prescribed manner by all the persons on whose
application a geographical indication was registered, the Registrar may cancel the
registration of the indication.
(2) At any time after a geographical indication has been registered, any interested
person may apply to the Tribunal for the registration of the indication to be cancelled
on the ground that, on the effective date of its registration, the geographical indication
was not capable of being registered, and the Tribunal may make such order on the
application as it thinks appropriate.
(3) Notice of any application to the Tribunal in terms of subsection (2) shall be given
in the prescribed manner to the Registrar and to any other person appearing from the
Register to be interested in the geographical indication concerned, and the Registrar
and any such person shall be entitled to appear and be heard in the application.
(4) Notice of any order made by the Tribunal under this section shall be served on
the Registrar and, on receipt of the notice, the Registrar shall amend the Register
accordingly.
(5) Where the registration of a geographical indication is cancelled by virtue of an
order under subsection (2) the indication shall be regarded as never having been
registered.
PART VI
POWERS OF REGISTRAR
24
Exercise of discretionary powers of Registrar
Without prejudice to any provision of this Act requiring the Registrar to hear any
party to any proceedings or to give any such party an opportunity to be heard, the
Registrar shall not exercise any discretionary power given to him under this Act in a
manner which adversely affects the rights of any person unless he has given that
person a reasonable opportunity to make representations in the matter, either
personally or by his agent.
25
Proceedings before Registrar
(1) Evidence in any proceedings before the Registrar under this Act shall be given by
affidavit:
Provided that the Registrar may take oral evidence on oath in lieu of or in addition to
evidence by affidavit and may allow any witness to be cross-examined on his
affidavit or oral evidence.
(2) For the purposes of any proceedings before the Registrar under this Act, the
Registrar shall have the same powers, rights and privileges as are conferred upon a
commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than the
power to order a person to be detained in custody, and sections 9 to 13 and 15 to 19
of that Act shall apply, mutatis mutandis, in relation to the hearing and determination
of any matter before the Registrar under this Act and to any person summoned to give
evidence or giving evidence before him.
26
Registrar may award costs
(1) In any proceedings before the Registrar under this Act, the Registrar may award
any party such costs as he considers reasonable and may direct how and by what
parties they are to be paid.
(2) Any costs awarded by the Registrar in terms of subsection (1) shall be taxed by
the registrar of the Tribunal, and payment thereof may be enforced in the same way as
if they were costs allowed by the Tribunal.
27
Power of Registrar to fix time and place of sitting and to adjourn proceedings
In any proceedings before him under this Act, the Registrar may decide the hours,
times and places at which he will sit and may adjourn the proceedings for such time
and to such place as he may think fit.