WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
OPPOSITION TO REGISTRATION
(Sections 9 to 13)
15.–
(1) Any person may within one month from the date of advertisement in the Patent Journal of an
application for registration of copyright in a cinematograph film, or within such further time as the Registrar
may allow, serve on the applicant at his address for service and lodge at the Office a notice of opposition to
the registration of the copyright in the cinematograph film.
(2) Such notice shall be on Form RF 5 and shall contain a statement of the grounds upon which the
opponent objects to the registration.
(3) The Registrar may at any time request the applicant and the opponent to arrange for the viewing
of any cinematograph film relevant to the proceedings.
COUNTERSTATEMENT
(Section 10)
16.–
(1) Subject to the provisions of section 10 of the Act, within one month after lodging of the notice of
opposition the applicant may serve on the objector at his address for service and lodge at the Office a
counterstatement in writing on Form RF 6 setting out the grounds on which he relies in support of his
application. The applicant shall also set out what facts, if any, alleged in the notice of opposition he admits.
(2) If the applicant fails so to lodge a counterstatement, he shall be deemed to have abandoned his
application.
(3) Proof of service of both notice of opposition and counterstatement shall be to the satisfaction of
the Registrar.
INFORMAL OPPOSITION PROCEEDINGS
(Section 11)
17. After lodgement of the notice of opposition and the counterstatement, the Registrar shall with the
consent of both parties, lodged on Form RF 7, within a period of one month consider those documents and all
the relevant facts as provided in section 11 of the Act.
NORMAL OPPOSITION PROCEEDINGS
(Section 12)
18. If either party fails to lodge Form RF 7 within a period of one month, the Registrar shall, as soon as
may be, advise all interested parties accordingly, and thereafter the provisions of section 12 of the Act shall
apply.
19. In case of normal opposition to the registration of copyright in a cinematograph film, the Registrar
may, at the request of the parties or otherwise, order that all or any of the evidence be taken viva voce or by
affidavit and may give such directions as are required in that behalf but, in the absence of any direction by
the Registrar, the evidence in any such case shall be by affidavit and shall be given as follows:
(a) Within one month after the advice by the Registrar in terms of regulation 18 the opponent shall
leave at the Office the evidence he adduces in support of his opposition and deliver to the
applicant copies thereof.
(b) Within one month after the delivery to the applicant of the opponent’s evidence, the applicant
shall leave at the Office his evidence and deliver to the opponent copies thereof.
ZA006EN
Cinematographic Films, Regulations, 24/10/1980, No. R.2140
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