Designs Act, 1993 (Act No. 195 of 1993)

31. Grounds for application for revocation of registration of design

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(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.