3.
Reference to Act
Reference to any Act referred to in this Act shall be deemed to include all
amendments to that Act and all notices, directives, rules and regulations
issued under that Act.
PART 2
GENERAL APPLICATION (s 4)
4.
Application of South African Acts
Subject to the provisions of Parts 3, 4, 5 and 6 of this Act, the South African
Acts shall apply throughout the Republic.
PART 3
PATENTS (ss 5-7)
5.
Application of South African Patents Act
(1)
Subject to the provisions of this section, the South African Act shall
apply to all patents registered or deemed to be registered under the
Bophuthatswana Act, the Transkei Act and the Venda Act.
(2)
Subject to subsection (5), the validity of a patent entered on the
Register of Patents and the duration of such a patent shall be
determined in accordance with the laws applying to the application for
registration of that patent as at the date of that application.
(3)
Subject to subsection (5), the repeal of the laws by section 16 does
not affect any applications or proceedings commenced under the
Bophuthatswana Act, the Transkei Act or the Venda Act and any such
applications or proceedings shall be continued with and concluded in
accordance with the provisions of the respective laws as if such laws
had not been repealed, provided that(a)
the Registrar of Patents shall perform the functions and duties
of the registrars appointed under those Acts; and
(b)
any notice and other communication required to be inserted or
published in a patent journal or other official publications may
be inserted or published in the South African Patent Journal.
(4)
A patent registered under the South African Act shall not apply to the
geographical areas of Bophuthatswana, Transkei or Venda for so long
as and to the extent that a valid registered patent right for the same
invention continues to subsist in any such geographical area, but shall
extend to each such geographical area if and when such valid right no
longer subsists.
(5)
(a)
A proprietor of a patent registered in Bophuthatswana,
Transkei or Venda, respectively, may, within one year after the
coming into force of this Act, notify the Registrar of Patents in
writing that he or she wishes his or her patent right to extend to