(2) The Tribunal may determine any question which it may be necessary or expedient
to decide in connection with the rectification of the Register.
(3) Notice of an application to the Tribunal in terms of subsection (1) shall be given
in the prescribed manner to the Registrar and all interested parties, and the Registrar
and all such parties shall be entitled to appear and be heard on the application.
(4) An order made by the Tribunal under this section shall be served on the Registrar
in the prescribed manner and the Registrar shall, on the receipt of the notice, rectify
the Register accordingly.
[amended by Act 9 of 2002, with effect from the 20th December, 2002.]
PART VIII
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE,
DOCUMENTS AND POWERS OF REGISTRAR
56
Evidence of certain entries and documents
(1) A certificate purporting to be signed by the Registrar and certifying that any entry
the making of which is or was at the time authorized by or under this Act has or has
not been made or that any other thing which is or was at the time so authorized to be
done has or has not been done shall be prima facie evidence of the matters so
certified.
[amended by Act 9 of 2002, with effect from the 20th December, 2002.]
(2) A copy of an entry in the Register or of any document kept in the Patent Office or
of any patent or an extract from the Register or any such document purporting to be
certified by the Registrar and sealed with the seal of the Patent Office shall be
admitted in evidence without further proof and without production of the original.
57
Requests for information as to patent or patent application
The Registrar shall, on request made to him in the prescribed manner by any person
and on payment of the prescribed fee, furnish the person making the request with
such information relating to any patent or application for a patent as may be specified
in the request, being information in respect of any such matters as may be prescribed.
58
Loss or destruction of patent
Where the Registrar is satisfied that a patent has been lost or destroyed or cannot be
produced, he may at any time cause a duplicate thereof to be sealed on payment of
such fee as may be prescribed.
59
Exercise of discretionary powers of Registrar
(1) Without prejudice to any provisions of this Act requiring the Registrar to hear any
party to proceedings thereunder or to give to any such party an opportunity to be
heard, the Registrar shall give to any applicant for a patent or for amendment of a
specification an opportunity to be heard before exercising adversely to the applicant
any discretion vested in the Registrar by or under this Act.
(2) Subject to subsection (2) of section seventy-six, where by this Act any time is
specified within which any act or thing is to be done, the Registrar may, save where it
is expressly otherwise provided, extend the time, either before or after its expiration,
if he is satisfied that the failure to comply with the provisions relating to such time
has not been or will not be due to any neglect or default on the part of the person
concerned.
60
Proceedings before Registrar
(1) Evidence in any proceedings before the Registrar under this Act shall be given by
affidavit, so, however, that the Registrar may, if he thinks fit in any particular case,
take oral evidence on oath in lieu of or in addition to such evidence as aforesaid, and
may allow any witness to be cross-examined on his affidavit or oral evidence.
(2) For the purposes of any proceedings before the Registrar under this Act, the
Registrar shall have the same powers, rights and privileges as are conferred upon a
commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than the
powers to order a person to be detained in custody, and sections 9 to 13 and 15 to 19
of that Act shall apply, mutatis mutandis, in relation to the hearing and determination
of any matter before the Registrar under this Act and to any person summoned to give