shall—
(a)
be given in writing in the prescribed manner; and
(b)
include a statement of the grounds of opposition.
(3) The Registrar shall send a copy of any notice in terms of subsection (2) to the
applicant and, within the prescribed time after its receipt, the applicant shall send the
Registrar in the prescribed manner a counter-statement of the grounds on which he
relies for his application and, if he does not do so, he shall be deemed to have
abandoned his application.
(4) If the applicant sends a counter-statement in terms of subsection (3), the Registrar
shall—
(a)
furnish a copy of it to the persons who gave notice of opposition; and
(b)
after hearing the parties, if so required, and considering the evidence,
decide whether, and subject to what amendments, modifications, conditions or
limitations, if any, registration is to be permitted.
(5) An appeal shall lie from any decision of the Registrar under this section.
(6) On the hearing of an appeal under this section, any party may, either in the
manner prescribed or by special leave of the Tribunal, bring forward further material
for the Tribunal’s consideration.
(7) On an appeal under this section, no further grounds of objection to the registration
of the design concerned shall be allowed to be taken by the opponent or the Registrar,
other than those stated in terms of this section by the opponent, except by leave of the
Tribunal and, where any further grounds of objection are taken, the applicant, on
giving notice as prescribed, shall be entitled to withdraw his application without
payment of the opponent’s costs.
[Inserted by Act 25 of 2001 with effect from the 1st March, 2002.]
9B
Registration
If—
(a)
no notice of opposition is lodged in terms of subsection (2) of section
nine A in respect of an application for registration of a design; or
(b)
the Registrar has decided, in terms of paragraph (b) of subsection (4)
of section nine A, that registration of a design is to be permitted, and no appeal has
been lodged against that decision; or
the Tribunal, on an appeal against a decision of the Registrar in terms
(c)
of section nine A, directs that a design should be registered;
the Registrar shall register the design concerned.
[Inserted by Act 25 of 2001 with effect from the 1st March, 2002.]
9C
Effective date of registration
Except as otherwise expressly provided by this Act, the effective date of registration
of a design shall be the date on which the application for its registration was made or
such other date, whether earlier or later than that date, as the Registrar may direct in
any particular case:
Provided that no proceedings shall be taken in respect of any infringement of
copyright in that design where the infringement was committed before the date on
which the certificate of registration for the design was issued.
[Inserted by Act 25 of 2001 with effect from the 1st March, 2002.]
10
Registration of same design in respect of other articles, etc.
(1) Where the registered proprietor of a design registered in respect of any article
makes an application for registration—
(a)
in respect of one or more other articles, of the registered design; or
(b)
in respect of the same or one or more other articles, of a design
consisting of the registered design with modifications or variations not sufficient to
alter the character or substantially to affect the identity thereof;
the application shall not be refused and the registration made on that application shall
not be invalidated by reason only of the previous registration or publication of the
registered design: