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(4) In the absence of any provision to the contrary in the licence contract, the registe
red user shall be entitled to use the trade mark during the whole duration of the registration,
including renewals, in the entire geographical area. of Swaziland, and in respect of all the
goods or services for which the trade mark 1S registered.. subject to any conditions of lirnita
tions entered in the Register.
Approval of licence contracts.
45. The Minister may, taking into account the national needs of Swaziland, its economic
development and any other relevant factors by order, provide that, on pain of invalidity,
licence contracts or any categories of them, and amendments or renewal of such contracts,
shall require his approval.
'Variation'and Cancellation.
46.
Without prejudice to section 37, the registration of a person as a registered user
(a) may be varied by the Registrar on the joint application in writing in the pre
scribed manner of the registered proprietor and the registered user who shall,
in amending a previous registration of the licence contract, take into account
the facts, procedures, Regulations, and any other requirements considered at
the time of the previous registration of the licence contract between the regi
stered proprietor and the then proposed registered user;
(b) may be cancelled by the Registrar on the joint application in writing in the
prescribed manner of the .registered proprietor and the registered user.
Prohibition of assignments and sub-licences.
A licence shall not be assignable to a third party and the registered user shall not be
entitled to grant sub-licences.
47.
PART X
APPE~~LS
AND LEGAL PROCEEDINGS
Appeals.
48.
Except as otherwise provided in this Act, a person aggrieved by the decision of the
(egistrar may appeal therefrom to the High Court (hereinafter referred to as "the Court")
and the High Court Rules shall apply to such appeal,
Refer e nee to the High Court by Registrar.
49. When any matter to be decided by the Registrar under this Act appears to him to
invol ve a point of law or to be of unusual importance or complexity, he may, after giving
notice to the persons concerned, refer such matter to the High Court for a decision and shall
thereafter, in relation to such matter, act in accordance with the decision of the Court.
Validity of Registration.
50. In all legal proceedings relating to a registered trade mark (including applications under
section 37), the fact that a person is registered as proprietor of the trade mark shall be prima
facie evidence of the validity-of the original registration of the mark and of all subsequent
assignments and transmissions thereof.