No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
13
INDUSTRIAL PROPERTY ACT, 2012
“WTO” means the World Trade Organisation established by the Agreement Establishing
the WTO signed at Marrakesh on 15 April 1994.
PART 2
INDUSTRIAL PROPERTY OFFICE
Establishment of Industrial Property Office
2.
(1)
There is established an Industrial Property Office (hereafter
“the Office”) which is responsible for all functions relevant to the registration, recordal,
maintenance and administration of industrial property rights as provided for in this
Act.
(2)
The office responsible for the registration of patents, trade marks,
designs and utility models under the previous laws governing patents, trade marks,
designs and utility models is, despite the repeal of the previous laws as contemplated in
section 239, deemed to have been established under this Act and is in this Act referred
to as “the Office” and continues to function as the Industrial Property Office for the
purposes of the registration and administration of rights under this Act, and for the other
purposes of this Act.
Functions of Office
3.
(1)
The Office is responsible for all functions relating to the
registration, recordal, maintenance and administration of industrial property rights as
provided for in this Act, including all functions as prescribed.
(2)
The Office is also responsible for providing such information services
to the public as are provided for under this Act, including such services as may be
prescribed.
Registrar and other staff
4.
(1)
the Minister –
Subject to the Public Service Act, 1995 (Act No. 13 of 1995),
(a)
must appoint a person as the Registrar of Industrial Property, who is
responsible for the administration of this Act and who must perform
such duties and functions, and exercise such powers as may be
conferred on him or her by this Act or any other law;
(b)
may appoint a person as the Deputy Registrar who may, subject to the
control and directions of the Registrar, exercise or perform any of the
powers, duties and functions of the Registrar;
(c)
may appoint assistant registrars who must, subject to the control and
directions of the Registrar, perform such duties and functions as may
be necessary to assist the Registrar and, if applicable, the Deputy
Registrar in the performance of the duties and functions imposed upon
the Registrar by or under this Act or any other law; and