Patents Act, 1978 (Act No. 57 of 1978)Chapter XII : Evidence72. Register to be evidence |
| (1) | The person appearing from the register to be the proprietor of or applicant for a patent shall, subject to any right appearing from the register to be vested in any other person, have power to deal with the patent or the application for a patent 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 52, a document or instrument in respect of which no entry has been made in the register in terms of section 10, shall not be admitted in evidence in any proceedings in proof of the title to a patent or application for a patent or to any interest therein unless the commissioner or a court, on good cause shown, otherwise directs. |
| (4) | Except for the purposes of section 52, no person who does not appear from the register as having an interest in a patent or an application for a patent, shall be allowed to prove such interest in any proceedings, unless the commissioner or the court on good cause shown otherwise directs. |
| (5) | The register shall be prima facie evidence of any matter directed or authorized by this Act to be entered therein. |