Convention country or, where more than one such application has been made, from
the date of the first such application.
(3) An application for the registration of a design may be made under subsection (1)
or (2) by the legal representative of—
(a)
a deceased person who, immediately before his death, was entitled to
make such an application; or
(b)
a person under disability who, had it not been for such disability,
would himself have been entitled to make such application.
9
Application for registration
(1) An application for the registration of a design shall be made in the prescribed
form and shall be lodged at the Designs Office in the prescribed manner.
(2) For the purpose of deciding whether a design is new or original, the Registrar may
make such searches as he thinks fit.
(3) On receipt of an application in terms of subsection (1), the Registrar may—
(a)
refuse the application; or
(b)
accept the application absolutely or subject to such amendments,
modifications, conditions or limitations as he thinks fit.
(4) The Registrar may, at any time before or after acceptance of an application under
subsection (3)—
(a)
correct any error in or in connection with the application; or
(b)
permit the applicant to amend his application upon such terms as the
Registrar thinks fit:
Provided that the Registrar shall not permit an amendment which
substantially affects the identity of the design.
(5) An application which, through any default or neglect on the part of the applicant,
has not been completed so as to enable registration to be effected within the
prescribed time shall be deemed to have been abandoned.
(6) An appeal shall lie from any decision of the Registrar under subsection (3).
(7) Where the Registrar has refused an application under subsection (3) or accepted it
subject to any amendment, modification, condition or limitation, he shall, if required
to do so by the applicant, state in writing the grounds of his decision and the materials
he used in arriving at it.
(8) An appeal against a decision of the Registrar under this section shall be heard on
the materials stated by him in terms of subsection (7), and he shall not be allowed to
take any further grounds of objection to the application, other than those so stated by
him, except by leave of the Tribunal, and where any further grounds of objection are
taken, the applicant shall be entitled to withdraw his application without payment of
costs on giving notice as prescribed.
(9) Where the Tribunal is considering an appeal from a decision of the Registrar in
terms of subsection (3), the Tribunal may permit the applicant to amend his
application without an application for amendment being made to the Registrar, but in
such a case the Registrar’s views on the amendment shall be obtained.
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
9A
Publication of application and opposition thereto
(1) As soon as practicable after an application for the registration of a design has been
accepted, whether absolutely or subject to any amendment, modification, condition or
limitation, the applicant shall advertise in the prescribed manner the application as
accepted, and the advertisement shall set forth all conditions and limitations subject to
which the application has been accepted:
Provided that in exceptional circumstances the Registrar may direct that an
application shall be advertised before acceptance and, where an application has been
so advertised, the Registrar may direct that it shall be advertised again when it has
been accepted.
(2) Any person may, within two months from the date on which an application was
advertised, give the Registrar notice of opposition to the registration, which notice