ICT Policy Africa

120		

Government	Gazette	23	March	2012	

Act No. 1, 2012

No.	4907


INDUSTRIAL PROPERTY ACT, 2012

	

(a)	

prescribing	 the	 functions	 and	 operations	 of	 the	 Office,	 including	 the	
provision	 of	 information	 and	 other	 services	 to	 be	 provided	 by	 such	
office,	as	contemplated	in	sections	2	and	3;

	

(b)	

prescribing	 the	 procedure	 for	 consulting	 and	 obtaining	 extracts	 from	
registers	referred	to	in	section	7(1)	and	(2);

	

(c)	

prescribing	 fees	 for	 the	 grant	 of	 patents	 and	 utility	 model	 certificates,	
and	 the	 registration	 of	 industrial	 designs,	 trade	 marks	 including	
certification	trade	marks	and	collective	trade	marks,	as	well	as	fees	for	
copies	thereof	and	any	related	matters;

	

(d)	

prescribing	the	information	required	to	be	published	in	terms	of	section	
9;

	

(e)	

relating	 to	 the	 processing	 and	 examination	 of	 patents,	 utility	 models,	
industrial	 designs,	 trade	 marks	 including	 certification	 trade	 marks	 and	
collective	trade	marks	as	well	as	trade	names;

	

(f)	

designating	 and	 appointing	 an	 external	 search	 and	 examination	
authority	as	contemplated	in	section	37;

	

(g)	

relating	to	the	filing	and	prosecution	of	appeals	under	this	Act;

	

(h)	

prescribing	any	time	limits	referred	to	in	this	Act;

	

(i)	

prescribing	 provisions	 concerning	 the	 processing	 of	 international	
applications	under	this	Act	and	related	matters;

	

(j)	

prescribing	the	surcharge	payable	in	respect	of	the	late	payment	of	any	
renewal	fees;

	

(k)	

prescribing	the	period	within	which	to	oppose	the	registration	of	a	trade	
mark	 and	 the	 manner	 in	 which	 this	 may	 be	 done	 in	 terms	 of	 section	
147;

	

(l)	

prescribing	 the	 manner	 in	 which	 and	 the	 procedure	 by	 which	 the	
restoration	 of	 a	 patent,	 design	 or	 trade	 mark	 or	 the	 amendment	 of	 a	
patent,	 design	 or	 trade	 mark	 may	 be	 opposed	 as	 provided	 for	 in	 this	
Act;

	

(m)	

prescribing	 the	 manner	 of	 giving	 notice	 of,	 or	 applying	 for,	 the	
surrender	 or	 the	 invalidation	 of	 a	 patent	 or	 design	 in	 terms	 of	 sections	
64	or	65	and	120	or	121	respectively;

	

(n)	

prescribing	 the	 procedure	 for	 and	 evidence	 to	 be	 submitted	 to	 remove	
or	 invalidate	 the	 registration	 of	 a	 trade	 mark	 in	 terms	 of	 sections	 178	
and	179	respectively;

	

(o)	

prescribing	 the	 manner	 in	 which	 a	 request	 is	 to	 be	 made	 and	 the	 fee	
payable,	 to	 correct	 an	 error	 or	 rectify	 the	 register	 in	 terms	 of	 sections	
209	and	210;