Designs Act, 1993 (Act No. 195 of 1993)RegulationsDesigns Regulations, 199941. Alteration, correction and rectification, and amendment |
| (1) | An applicant for or a registered proprietor of a design registration who changes his address or changes his name may apply to the registrar on Form D4 for the change to be recorded, and the registrar shall alter the register accordingly. |
| (2) | An applicant for or a registered proprietor of a design registration who changes his address for service shall apply to the registrar on Form D4 in terms of regulation 5 (5) for the change to be recorded, and the registrar shall change the register accordingly. |
| (3) | An application for the correction of any clerical error or error in translation or other amendment in terms of section 26 of the Act shall be made on Form D12 and shall be accompanied by a copy/copies of the relevant document(s) showing the desired correction, and a clean copy/copies of the document(s) in corrected or amended form. |
| (4) | An application to amend a design application or a design registration in terms of section 27 of the Act shall be made on Form D12 and shall be accompanied by a copy/copies of the relevant document(s) showing the desired amendment, and a clean copy/copies of the document(s) in amended form. |
| (5) | If, in the case of an application on Form D12, the registrar is satisfied that a correction or amendment in terms of section 26 of the Act is required to be published in terms of section 26 (4), or an amendment in terms of section 27 is in compliance with the Act, he shall direct the applicant for or the registered proprietor of the design registration to advertise the correction or the amendment, as the case may be, once in the journal. |
| (6) | In the case where the design application to be corrected or amended is not yet open for public inspection, the particulars to be published shall be those set out in Part I of Form D12. An application for correction or amendment so published may not be inspected and may not be opposed. |
| (7) | In the case where the design registration to be corrected or amended is open for public inspection, the particulars to be published shall be those set out in Parts I and II of Form D12. An application for correction or amendment so published may be inspected and may be opposed within two months of the date of such publication, in accordance with regulation 36. |
| (8) | In the case of a correction or amendment as envisaged in subregulation (6), the registrar shall cause an entry to be made in the register to the effect that the correction or amendment is allowed. |
| (9) | If in the case of a correction or amendment as envisaged in subregulation (7) no opposition is entered, or if the registrar at the conclusion of the hearing determines that the correction or amendment ought to be allowed, the registrar shall cause an entry to be made in the register to that effect. |
| (10) | A request for the rectification of the register in terms of section 28 of the Act shall be made on Form D4. |