Designs Act, 1993 (Act No. 195 of 1993)26. Correction of clerical errors and amendment of documents |
| (a) | the correction of any clerical error or error in translation in any certificate of registration, application for the registration of a design or document lodged in pursuance of such application, or in the register; |
| (b) | the amendment otherwise of any document for the amending of which no express provision is made in this Act. |
| (2) | A correction may be made in accordance with this section, either upon a request in writing accompanied by the prescribed fee or without such a request. |
| (3) | If a correction is contemplated otherwise than upon such a request, the registrar shall give notice thereof to the registered proprietor or the applicant for the registration of the design, as the case may be, and to any other person who appears to him to be concerned, and shall give any such person an opportunity of being heard before the correction is made. |
| (4) | If a correction is requested and it appears to the registrar that the correction would materially alter the scope of the document to which the request relates and the document is open for public inspection, the registrar may require notice of the request to be published in the journal and to be served upon such persons as he or she may deem necessary. |
[Sub-section (4) substituted by section 76 of Act No. 38 of 1997.]
| (5) | If the registrar has not required such notice to be so published and served or, if it had been so published and served and there is no opposition to such a correction, the registrar may decide the matter or, in the latter case, refer it to the court, which shall decide it as it may deem fit. |
[Sub-section (5) substituted by section 76 of Act No. 38 of 1997.]
| (6) | Where such notice has been so published and served, any person may oppose the request mentioned in subsection (2) within the prescribed time and in the prescribed manner, and thereupon the matter shall be dealt with by the court as it may deem fit. |