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costs, including costs as between attorney and client. The registrar shall
not grant an order unless he is satisfied that the applicant will be prejudiced
in his case should it not be granted.
(2)
(3)
37.
38.
(a)
Notwithstanding the foregoing, an interlocutory or other application
incidental to pending proceedings or a pending application, including an
application for an extension of time and condonation, may be brought on
notice supported by such affidavits as the case may require and may be set
down at a time assigned by the registrar.
(b)
If the applicant in such an application wishes to rely on particular facts not
apparent from the official record, an affidavit must be filed at the office at
least ten court days before the hearing. In the event that the applicant does
not file an affidavit, it shall be presumed that he intends to rely on those
facts which are properly before the registrar. At any time within the period
allowed for the filing of such an affidavit by the applicant, he may give
written notification to the other party and to the registrar that he intends to
rely on the facts which are properly before the registrar.
(c)
After the applicant has filed his affidavit, the other party may file an
answering affidavit at least seven court days before the hearing. In the
event that the applicant does not file an affidavit in support of his
application, the other party may file an affidavit at least seven court days
before the hearing, setting out such facts as he may consider relevant.
(d)
At least four court days before the hearing, the applicant may file an
affidavit replying to any facts set out in the answering affidavit.
(e)
A copy of any affidavit filed with the registrar in accordance with the
foregoing shall be delivered to the other party to the proceedings at its
appointed address for service.
(f)
A notice of setdown shall be served upon every party to whom such notice
is to be given at least ten court days prior to the hearing.
(g)
Failure to comply with these provisions shall result in the matter being
struck off the roll, and an appropriate award of costs shall be made by the
registrar.
(a)
In any opposed proceedings before the registrar in terms of this regulation
which result in a hearing before the registrar, both parties to the matter
shall file heads of argument at the office of the registrar not later than two
court days before the date which has been set down for the hearing.
(b)
Such heads of argument shall consist of a concise and succinct statement
of the main points (without elaboration) intended to be argued. A list of
authorities relied upon in support of each point shall also be supplied.
Title to and interest in design applications and registrations
(1)
An application for the recording of an assignment shall be made in duplicate on
Form D7, accompanied by proof of title of such assignment.
(2)
Any such application shall be made within six months of the event entitling the
applicant to request a recording: Provided that the registrar may extend this time
limit if so requested on Form D4, and on payment of the appropriate fee
prescribed in Schedule 1.
(1)
A warrant or writ of execution or an attachment order in respect of a design
application or registration shall be served on the applicant or the registered