14
Government Gazette 23 March 2012
Act No. 1, 2012
(d)
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
may appoint such other staff members or employees as the Minister
on the recommendation of the Permanent Secretary of the ministry
responsible for trade and industry considers necessary to assist the
Registrar to perform any function of the Office.
(2)
The Minister may, instead of appointing a person as Registrar as
contemplated in subsection (1), designate the person appointed as Registrar of
Companies in terms of section 6 of the Companies Act, 2004 (Act No of 2004) or any
other staff member employed in the Public Service to be the Registrar for purposes of
this Act.
Functions and powers of Registrar
5.
(1)
Without derogating from the generality of the provisions of
section 4, the Registrar must exercise the following powers, and perform the following
duties and functions, namely to –
(a)
process all applications made in terms of this Act;
(b)
grant or, where appropriate, refuse patents and utility model
certificates;
(c)
register or, where appropriate, refuse to register industrial designs,
trade marks, certification trade marks and collective trade marks;
(d)
administer granted patents and utility model certificates and registered
industrial designs, trade marks, certification trade marks and collective
trade marks;
(e)
register licence contracts entered into in terms of this Act;
(f)
carry out studies, programmes or exchanges of information or services
regarding domestic and international industrial property law;
(g)
extend periods during which things may be done as contemplated in
section 206;
(h)
issue administrative instructions as contemplated in section 237; and
(i)
exercise such powers and perform such functions as are necessary to
achieve the objects of this Act.
(2)
Despite anything to the contrary in this Act, the Registrar may, where
no specific provision is made for the levying or charging of any fee or additional fee
under this Act, charge the applicant any fees or additional fees as may be prescribed for
the doing of any act or provision of any service as required under this Act.
Seal of Office
6.
The Registrar must keep a seal of the Office and the impression of that
seal must be judicially noticed.