(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. |