Designs Act, 1993 (Act No. 195 of 1993)39. Register to be evidence |
| (1) | The person appearing from the register to be the proprietor of or applicant for the registration of a design shall, subject to any right appearing from the register to be vested in any other person, have power to deal with the registered design or the application for the registration of a design as the owner thereof. |
| (2) | The provisions of subsection (1) shall not protect any person dealing with a proprietor or applicant as aforesaid otherwise than as a bona fide licensee, purchaser, hypothecary or judgment creditor and without notice of any fraud on the part of such proprietor or applicant. |
| (3) | Except for the purposes of section 28, a document or instrument in respect of which no entry has been made in the register in terms of section 7, shall not be admitted in evidence in any proceedings in proof of the title to a registered design or application for the registration of a design or to any interest therein unless the court, on good cause shown, otherwise directs. |
| (4) | The register shall be prima facie evidence of any matter directed or authorized by this Act to be entered therein. |