A.24
Continuance
of Marks,
Patents and
Designs Office
Registrar,
Deputy
Registrar and
Assistant
Registrars of
Marks, Patents
and Designs
Cap. 26:01
Functions of
Registrar
Seal of Office
Registers for
patents, etc.
3. The Marks, Patents and Designs Office established in terms of
section 3 of the Act repealed under section 138 of this Act shall continue
to exist as if it has been established under this Act.
4. (1) There shall be a Registrar of Marks, Patents and Designs
(referred to in this Act as “the Registrar”) who shall —
(a) be a public officer;
(b) subject to the control of the Minister, be responsible for the
administration of this Act; and
(c) perform such functions and exercise such powers as may be
conferred on him or her by this Act or any other enactment.
(2) The Registrar shall be appointed in accordance with the provisions
of the Public Service Act.
(3) There shall be a Deputy Registrar of Marks, Patents and Designs,
and such number of Assistant Registrars as it may be necessary to appoint
for the efficient functioning of the Marks, Patents and Designs Office.
(4) The Deputy Registrar and Assistant Registrars shall be public
officers and shall, likewise, be appointed in accordance with the
provisions of the Public Service Act and perform such functions and
exercise such powers as the Registrar may lawfully perform or exercise
under this Act or any other enactment.
5. Without derogating from the generality of section 4, the Registrar
shall —
(a) process all applications made in terms of this Act;
(b) grant patents and utility model certificates;
(c) register industrial designs, marks, collective marks, geographical
indications and traditional knowledge;
(d) administer granted patents and utility model certificates and
registered industrial designs, marks, collective marks, geographical
indications and traditional knowledge; and
(e) establish and maintain a Journal of marks, patents, designs,
geographical indications and traditional knowledge in which he
or she shall publish all matters that are required to be published
under this Act.
6. The Registrar shall have a seal of office which shall be affixed to
every document issued or granted and to any copy issued in lieu of the
original document.
7. (1) The Registrar shall maintain separate registers for patents,
utility model certificates, industrial designs, marks, geographical
indications and traditional knowledge and shall, in a section of the register
of marks created for that purpose, register collective marks.
(2) There shall be entered in the registers referred to in subsection
(1) such particulars as are required by this Act and such further particulars
as the Minister may, by regulations, prescribe.
(3) Any person may, upon payment of the prescribed fee, and in
accordance with any prescribed conditions, consult, inspect or make a copy
of, or obtain an extract from, any register referred to in subsection (1).