34
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
PART 7
CHANGE IN OWNERSHIP AND JOINT OWNERSHIP OF
PATENT APPLICATIONS AND PATENTS
Change in ownership of applications or patents
48.
(1)
Any change in the ownership of a patent or in the ownership
of a patent application, must be in writing and signed by the transferor, unless the
transferor is deceased or has ceased to exist.
(2)
The owner of a patent or patent application or any interested party may
in the prescribed manner request the Registrar to change ownership of the patent or
patent application.
(3)
On receipt of an application made under subsection (2) –
(a)
the Registrar must record the change in the appropriate register; and
(b)
except in the case of the transfer of an application, the Registrar must
publish any such change in the bulletin.
(4)
A change in the ownership of any title mentioned in this section has no
effect against third parties unless it has been recorded by the Registrar in the appropriate
register.
Joint ownership of patent applications
49.
(1)
Where two or more persons have jointly filed an application
for a patent, the joint applicants have, in the absence of an agreement to the contrary,
equal undivided shares in the application, and none of them may without the consent
of the other joint applicant or applicants deal in any way with the application, but if
any proceedings are required to save the application from becoming abandoned, any
applicant may institute such proceedings on behalf of himself or herself and any other
joint applicant.
(2)
If any dispute arises between joint applicants as to their respective
rights in and to an application for a patent or as to the manner in which the application
is to be proceeded with or the manner in which they may deal with the application or
exploit the invention, any such joint applicant may apply to the Tribunal to decide the
matter in dispute.
(3)
Unless the Tribunal otherwise directs, the person who makes an
application in terms of subsection (2) is liable for all costs and expenses incurred in
respect of proceedings in terms of that subsection.
(4)
If the Tribunal is satisfied that a joint applicant is unable or unwilling
to proceed as joint applicant, the Tribunal may in the manner contemplated in section
22, order that he or she assign his or her rights to any joint applicant able and willing so
to proceed, provided that where it appears to the Tribunal to be just and equitable, the
Tribunal may order the payment of compensation to the assignor.