| (1) |
An applicant for the registration of a design or a registered proprietor of a design may at any time apply in the prescribed manner to the registrar for the amendment of the application for the registration of a design or of the registration of a design, as the case may be, and shall in making such application, set out the nature of the proposed amendment and furnish his full reasons therefor. |
| (2) |
An application for amendment shall be advertised in the prescribed manner. |
| (a) |
If the registration of a design to be amended is open for public inspection, any person may oppose the application for amendment of the registration of the design within the prescribed time and in the prescribed manner; and |
[Paragraph (a) substituted by section 77 (a) of Act No. 38 of 1997.]
| (b) |
The court shall deal with such opposition in the prescribed manner, and determine whether and on what conditions, if any, the amendment ought to be allowed. |
| (4) |
If no person opposes the application as contemplated in subsection (3) (a), the registrar may determine whether and on which conditions, if any, the amendment ought to be allowed. |
| (5) |
An amendment of an application for the registration of a design, or the registration of a design, may be allowed if it is by way of correction, including the correction of a mistake. |
| (a) |
an application for the registration of a design, or a registration of a design, shall be allowed if— |
| (i) |
the effect of the amendment would be to introduce new matter or matter not in substance disclosed in the application for the registration of a design or the registration of the design before amendment; or |
| (ii) |
registration of a design as amended would include any matter not fairly based on matter disclosed in the document before amendment; |
| (b) |
a registration of a design shall be allowed if— |
| (i) |
the effect would be to alter a registration in terms of the repealed Act from a Part A to a Part F registration; or |
| (ii) |
the scope of the registration after amendment would be wider than that before amendment. |
[Sub-section (6) substituted by section 77 (b) of Act No. 38 of 1997.]
| (7) |
Any amendment made in conflict with the provisions of this section, other than an amendment allowed by a court, may be set aside by the court at any time on application made to it. |
| (8) |
An application for the registration of a design made after the commencement of this Act, may be amended from a Part A to a Part F application or vice versa, but not after it has been granted. |
Housing Consumer Protection Measures Act, 1998
