WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
SUBSTITUTION OF APPLICANTS
(Section 21 or 26(2))
34.
(1) Notwithstanding anything contained in these regulations and subject to section 21 (3) of the Act,
any person may apply on Form RF 8 for a substitution of applicant in respect of the copyright in a
cinematograph film which is the subject of a pending application for registration; and the Registrar may, if
satisfied that there is good reason to grant the application, approve the substitution subject to such conditions
as he deems necessary.
(2) The application to substitute a body corporate in terms of section 26(2) of the Act for another
applicant in the case of a pending application shall likewise be made on Form RF 8 and shall be dealt with in
terms of subregulation (1) of this regulation.
LICENCES
(Section 20)
35.–
(1) An application to the Registrar for the registration under section 20 of the Act, of a person as a
licensee of copyright in a cinematograph film which has been registered shall be made by that person and the
owner of the copyright in the cinematograph film on Form RF 10 and shall be accompanied by a sworn
declaration by the owner or authorised person as required by section 20(2) of the Act on Form RF 9.
(2) In addition to the above there shall be lodged duly authenticated copies of the licence agreement
between the two parties and such other documents as the Registrar may require.
36. The date of an entry of a licensee in the register shall be the date on which application for
registration as a licensee was made. In addition to the business address of the licensee the application shall
include the address for service of the licensee. A notification in writing of the registration of a licensee shall
be sent to the registered owner of the copyright in the cinematograph film and shall be advertised in the
Patent Journal.
37. An application by the owner of the copyright in the cinematograph film or any licensee of the
copyright in the cinematograph film for the cancellation of the registration of a licensee of that copyright in a
cinematograph film under section 20(5)(a) of the Act shall be made on Form RF 10 and shall be accompanied
by a statement of the grounds on which it is made.
38. Application by any person for the cancellation of the registration of a licensee of the copyright in a
cinematograph film under section 20(5)(b) of the Act, shall be made on Form RF 10 and shall be
accompanied by a statement of the grounds on which it is made.
39.–
(1) The applicant for cancellation under the provisions of regulations 37 and 38 shall satisfy the
Registrar that he has given a notification of the application to each licensee of the copyright in a
cinematograph film and also to the owner of the copyright in the cinematograph film, if the owner is not the
applicant, and that he has duly notified the interested persons of their right of intervention as provided in
subregulation (2).
(2) Any person so notified who intends to intervene shall within one month of the receipt of the
notification or within such further time as the Registrar may allow (sic!) serve on the registered owner of the
copyright in the cinematograph film, and on the licensee concerned, and lodge at the Office, a notice of
intervention.
(3) Such notice shall be on Form RF 5 and shall contain a statement of the ground upon which the
person intends to intervene. Thereupon the provisions of regulation 50 shall mutatis mutandis apply to such
application.
ZA006EN
Cinematographic Films, Regulations, 24/10/1980, No. R.2140
page 9 / 34