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Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977)

Opposition

12. Formal hearing of opposed applications

 

(1) In the event of the proceedings not being determined in accordance with the provisions of section 11, or in the event of the Registrar directing that the normal opposition procedure is to be followed, evidence may be adduced by the parties in the prescribed manner.

 

(2) The Registrar shall fix a day for the hearing of the application and shall give notice thereof to the applicant and the objector at their respective addresses for service.

 

(3) On the day so fixed, or on any other day to which the hearing is adjourned, the Registrar shall, on payment of the fee prescribed, hear the applicant and the objector and their respective witnesses, if any, unless the evidence has been submitted in affidavit form and the Registrar does not require or permit evidence to be given viva voce, and shall decide whether the application is to be refused or whether it is to be granted either with or without modifications or conditions.

 

(4) The Registrar may make such order as to costs of the proceedings as may seem just, and his order shall be enforceable in all respects as if it were a judgment of a single judge of the Supreme Court.

 

(5) The decision of the Registrar shall be subject to appeal to the court and the provisions of section 33 shall, mutatis mutandis, apply.