| (1) |
Any person may at any time apply to the court in the prescribed manner for the revocation of the registration of a design on the following grounds, namely— |
| (a) |
that the application for the registration of the design was not made by a person entitled thereto under section 14; |
| (b) |
that the registration of the design is in fraud of the rights of the applicant or of any person under or through whom he claims; |
| (c) |
that the design in question is not registrable under section 14; |
[See ante 9.20 to 9.31, 9.56, 9.57 to 9.61, 9.71, 9.72.1 to 9.72.10, 9.73, 9.74, 9.75.]
| (d) |
that the application for the registration of the design contains a false statement or representation which is material and which the registered proprietor knew was false at the time when the statement or representation was made; |
| (e) |
that the application for the registration of the design should have been refused in terms of section 16. |
| (2) |
An application for revocation shall be served on the registered proprietor and lodged with the registrar in the prescribed manner, whereafter it shall be dealt with in the prescribed manner. |
| (3) |
The court shall decide whether the registration shall be revoked or not. |
Public Service Commission Act, 1997
