(2) Without prejudice to subsection (1), an application for the registration of the title
of any person becoming entitled—
(a)
by assignment to a registered design or a share in a registered design;
or
(b)
by virtue of a mortgage, licence or other instrument to any other
interest in a registered design;
may be made in the prescribed manner by the assignor, mortgagor, licenser or other
party to that instrument, as the case may be.
(3) Where application is made under this section for the registration of title of any
person, the Registrar shall, upon proof of title to his satisfaction—
(a)
where that person is entitled to a registered design or a share in a
registered design, register him in the Register as proprietor or co-proprietor of the
design and enter in the Register particulars of the instrument or event by which he
derives title; or
(b)
where that person is entitled to any other interest in the registered
design, enter in the Register notice of his interest, with particulars of the instrument,
if any, creating it.
(4) Subject to any rights vested in any other person of which notice is entered in the
Register, the person or persons registered as proprietor of a registered design shall
have power to assign, grant licences under or otherwise deal with the design and to
give effectual receipts for any consideration for any such assignment, licence or
dealing.
(5) Except for the purposes of an application to rectify the Register under the
provisions of this Part, a document in respect of which no entry has been made in the
Register under subsection (3) shall not be admitted in any proceedings as evidence of
the title of any person to a registered design or share of, or interest in, a registered
design unless the Tribunal or the court before which the proceedings have been
brought, as the case may be, otherwise directs.
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
23
Power of Registrar to authorize corrections
(1) The Registrar may authorize the correction of—
(a)
any clerical error or omission or error in translation in any application
for the registration, or in the representation, of a design; or
(b)
any error in the Register.
(2) A correction may be made in terms of subsection (1) either upon a request in
writing made by any person interested and accompanied by the prescribed fee or
without such a request.
(3) Where it is proposed to make a correction otherwise than upon a request in
writing, the Registrar shall give notice of the proposal to the registered proprietor or
the applicant for registration of the design, as the case may be, and to any other
person who appears to him to be concerned, and shall give any such person an
opportunity to be heard before the correction is made.
24
Rectification of Register
(1) The Tribunal may, on the application of any person aggrieved, order the Register
to be rectified by the making of any entry therein or the variation or deletion of any
entry therein.
(2) The Tribunal may determine any question which it may be necessary or expedient
to decide in connexion with the rectification of the Register.
(3) Notice of any application to the Tribunal in terms of subsection (1) shall be given
in the prescribed manner to the Registrar and to any other person appearing from the
Register to be interested in the design, and the Registrar and any such person shall be
entitled to appear and be heard on the application.
(4) A notice of any order made by the Tribunal under this section shall be served on
the Registrar in the prescribed manner, and the Registrar shall, on receipt of the
notice, rectify the Register accordingly.