(1) Where any person, whether or not he is entitled to or interested in a registered
layout-design or an application for the registration of a layout-design, threatens
another person with proceedings for infringement of a registered layout-design,
anyone who is aggrieved by the threat may bring proceedings against him in a court
of competent jurisdiction for the relief referred to in subsection (2).
(2) In proceedings brought by virtue of subsection (1), the plaintiff or applicant shall
be entitled to any one or more of the following remedies—
(a)
a declaration to the effect that the threats are unjustifiable;
(b)
an interdict against any continuation of the threats;
(c)
such damages, if any, as he has sustained in consequence of the
threats;
unless the defendant or respondent proves that the acts in respect of which he
threatened proceedings constitute or, if done, would constitute, an infringement of a
registered layout-design, the registration of which is not shown by the plaintiff or
applicant to be invalid.
(3) The defendant or respondent in any proceedings brought in terms of subsection
(1) may counter-claim for any relief to which he would be entitled in separate
proceedings in respect of any infringement by the plaintiff or applicant of the layoutdesign to which the threats relate.
(4) For the avoidance of doubt, it is declared that a mere notification that a layoutdesign is registered does not constitute a threat of proceedings within the meaning of
subsection (1).
PART XI
OFFENCES AND PENALTIES
43
Falsification of certain documents
Any person who—
(a)
makes or causes to be made a false entry in the Register, knowing the
entry to be false; or
(b)
makes or causes to be made or produces or tenders or causes to be
produced or tendered in evidence, any writing falsely purporting to be a copy of an
entry in the Register, knowing the writing to be false;
shall be guilty of an offence and liable to a fine not exceeding twenty thousand
dollars or to imprisonment for a period not exceeding two years or to both such fine
and such imprisonment.
44
Deceiving or influencing Registrar or officer
(1) Any person who, for the purpose of—
(a)
deceiving the Registrar or an examiner or any other officer of the
Designs Office in the execution of his functions under this Act; or
(b)
procuring or influencing the doing or omission of anything in relation
to this Act;
makes or submits a false statement or representation, whether orally or in writing,
knowing the statement or representation to be false, shall be guilty of an offence and
liable to a fine not exceeding twenty thousand dollars or to imprisonment for a period
not exceeding two years or to both such fine and such imprisonment.
(2) Any person who, having innocently made a false statement or representation,
whether orally or in writing, for the purpose of procuring or influencing the doing or
omission of anything in relation to this Act and who, on becoming aware that the
statement or representation was false, fails to advise the Registrar forthwith of its
falsity, shall be guilty of an offence and liable to a fine not exceeding two thousand
dollars or to imprisonment for a period not exceeding three months or to both such
fine and such imprisonment.
45
Witness giving false evidence before Registrar
Any person who, after having been sworn, wilfully gives false evidence before the
Registrar concerning the subject-matter of the proceedings in question, knowing his
evidence to be false or not knowing or believing it to be true, shall be guilty of an