(b)
(4)
A design 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 design right for the same
design 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 design registered in Bophuthatswana,
Transkei or Venda, respectively, may, within one year after the
coming into force of this Act, notify the Registrar of Designs in
writing that he or she wishes his or her design right to extend
to the whole of the national territory of the Republic, subject to
paragraph (b).
(b)
Once such a notification has been made such design right
shall continue to apply only to the geographical areas of
Bophuthatswana, Transkei or Venda, as the case may be, for
as long as and to the extent that a valid registered design for
the same right subsists in terms of the South African Act, but,
subject to paragraph (a), such design right shall extend to the
whole of the national territory if and when such right in terms of
the South African Act does not exist.
(6)
9.
any notice and other communication required to be inserted or
published in a patent journal or other official publications shall
be inserted or published in the South African Patent Journal.
Any lawful use by any person of a design commenced prior to 27 April
1994 in the geographical area of Bophuthatswana, Transkei or Venda
shall not become unlawful by virtue of this Act, provided that the use is
not extended outside the geographical area concerned.
Design registers and records
The Registers of Designs and records shall be transferred to and kept in the
office of the Registrar of Designs.
10.
Identification of designs
All designs registered and all design applications filed in terms of the
Bophuthatswana Act, Transkei Act and Venda Act shall be identified by the
suffixes '(BT)', '(TR)' and '(VE)', respectively.
PART 5
TRADE MARKS (ss 11-14)
11.
Application of South African Trade Marks Act
(1)
Subject to the provisions of this section, the South African Act shall
apply to all trade marks 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 the original entry of a trade
mark on the Register of Trade Marks shall be determined in