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Legislative Texts
(c)
(d)
(e)
SOUTH AFRICA
Within one month after the delivery of the applicant’s evidence the opponent shall leave at the
Office his evidence in reply and deliver to the applicant copies thereof. The last-mentioned
evidence shall be confined to matters strictly in reply.
No further evidence shall be left by either side except by leave of the Registrar or upon the
written consent of the parties or by special leave of the Registrar given on an application made
to him. The party making such application shall give notice thereof to the opposite party who
shall be entitled to oppose the application. Leave to file further evidence may be given upon
such terms as to costs or otherwise as the Registrar may think fit.
Where exhibits are referred to in affidavit (sic!) but not attached thereto, the party adducing the
evidence shall send the originals to the Office and, if so directed by the Registrar, shall furnish
copies or impressions thereof to the other party.
20. If the opponent fails, within the time allowed, to file evidence in support of his opposition or to
state that he intends to rely on the facts stated in the notice of opposition, the opposition shall be deemed to
have been abandoned.
21. If the applicant fails, within the time allowed, to file evidence in answer to opponent’s statement or
affidavits or to file evidence in support of his application or to state that he intends to rely upon the
documents lodged with the application, the application shall be deemed to have been abandoned.
22. The Registrar may extend the periods laid down in regulations 19 to 21, both inclusive, on
application made to him. The party making such application shall give ten days’ notice to the Registrar and to
the other party, who shall be entitled to oppose the application, save as provided in the following regulation.
23. Where in opposition proceedings any extension of time is granted to any party, the Registrar may
thereafter, if he thinks fit, without granting the said party a hearing grant any reasonable extension of time to
the other party within which to take any subsequent step.
24. Upon completion of the evidence on affidavit the Registrar shall give notice to the parties of a date
for the hearing of the proceedings, including viva voce evidence, if any. Such appointment shall be for a date
at least 14 days after the date of the notice, unless the parties consent to a shorter notice. Within seven days
from the receipt of such notice both parties shall pay the prescribed hearing fee on Form RF 4; a party failing
to pay such fee shall not be entitled to appear and the Registrar may deal with the matter in his absence.
25. In the event of an opposition being uncontested by the applicant, the Registrar, in deciding whether
costs should be awarded to the opponent, shall consider whether proceedings might have been avoided in
reasonable notice had been given by the opponent to the applicant before the opposition was filed.
SECURITY FOR COSTS
(Section 14)
26. Where any party to opposition proceedings so requests, the Registrar may order the other party to
give security within 30 days for such amount and in such form as the Registrar may deem sufficient for the
costs of the proceedings before the Registrar and the Registrar may further at any stage in such opposition
proceedings require further security to be given at any time before giving his decision in the case. If any order
or requirement is not duly complied with within 30 days, the Registrar may treat the opposition or application,
as the case may be, as abandoned.
ZA006EN
Cinematographic Films, Regulations, 24/10/1980, No. R.2140
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