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Part I of Form D12. An application for correction or amendment so published may
not be inspected and may not be opposed.
(7)
In the case where the design registration to be corrected or amended is open for
public inspection, the particulars to be published shall be those set out in Parts I
and II of Form D12. An application for correction or amendment so published may
be inspected and may be opposed within two months of the date of such
publication, in accordance with regulation 36.
(8)
In the case of a correction or amendment as envisaged in subregulation (6), the
registrar shall cause an entry to be made in the register to the effect that the
correction or amendment is allowed.
(9)
If in the case of a correction or amendment as envisaged in subregulation (7) no
opposition is entered, or if the registrar at the conclusion of the hearing
determines that the correction or amendment ought to be allowed, the registrar
shall cause an entry to be made in the register to that effect.
(10) A request for the rectification of the register in terms of section 28 of the Act shall
be made on Form D4.
42.
43.
Voluntary surrender
(1)
A notice by a registered proprietor of a design registration in terms of section 34
of the Act for the surrender of the design shall be lodged on Form D13.
(2)
On receipt of a notification to surrender a design, an interested party may lodge
an objection to the surrender, in accordance with regulation 36.
(3)
If no opposition is entered, or if the registrar at the conclusion of the hearing
concludes that the design ought to be surrendered, the registrar shall cause an
entry to be made in the register to that effect.
(4)
A request by an applicant to withdraw an application for the registration of a
design shall be made on Form D4.
Application for revocation
(1)
An application for revocation in terms of section 31 of the Act shall be brought by
way of notice of revocation on Form D14 or in a form as nearly as possible in
accordance with Form D14, and shall set out the ground or grounds on which the
revocation is based, and shall be supported by an affidavit as to the facts upon
which the applicant relies for relief.
(2)
The notice, and all annexures to it, shall be duty lodged at the court, and a copy
of such notice, and all annexures to it, shall be lodged with the registrar and shall
be served on the registered proprietor and on any other person recorded in the
register as having an interest in the design registration.
44.
The provisions of regulation 36 shall, mutatis mutandis, apply to an application for
revocation in terms of section 31 of the Act and regulation 43. and the application shall
be proceeded with in a manner as nearly as possible in accordance with the procedure
provided for in regulation 36.
45.
Application for compulsory licence
An application for a compulsory licence under section 21 of the Act shall be brought by
way of notice of motion and shall be served on the registered proprietor and on any
other person recorded in the register as having an interest in the design registration.