(1)
Any application by an interested party for a change in the
(a)
ownership of a patent;
(b)
registration of an industrial design;
(c)
registration of a mark or collective mark;
(d)
ownership of an application thereof; or
(e)
ownership of a trade name,
shall be made in writing to the Controller and shall be entered in the appropriate
Register.
(2)
Subject to subsection (4), where the Controller accepts a change referred to in
subsection (1), he shall enter the change in the appropriate register and cause it
to be published.
(3)
Any change effected under subsection (1) shall have no effect against third parties
until an entry has been made under subsection (2).
(4)
Any change in the ownership of a trade name shall be made at the time the transfer
of the enterprise or part thereof identified by that name takes place and be in
writing.
(5)
48.
49.
Where any change in the ownership of the registration of a mark or a collective
mark is likely to deceive or cause confusion, particularly in regard to the nature,
origin, manufacturing process, characteristics, or suitability for their purpose,
of the goods or services in relation to which the mark or collective mark is
intended to be used or is being used, it shall be invalid.
Licence
(1)
Any licence concerning a patent, a registered industrial design or a registered
mark, or an application thereof, shall be submitted to the Controller, who shall
record it and publish a reference thereto, while keeping its contents confidential.
(2)
The licence shall have no effect against third parties until such recording is
effected.
Agents
Where an applicant's ordinary residence or principal place of business is outside
Mauritius, he shall be represented by a legal practitioner resident and practising in
Mauritius.
50.
Appeal to Supreme Court
(1)
Any person who is dissatisfied with the detem1ination of the Tribunal as being
erroneous in law, may appeal to the Supreme Court by way of case stated.
(2)
An appeal under this section shall be prosecuted in the manner provided by the
rules made by the Supreme Court.