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

30. Assignment of rights in and attachment or hypothecation of registered designs

 

 

(1)
(a) An applicant for the registration of a design or a registered proprietor may assign his rights in an application or design to any other person, and unless such assignment is in writing it shall not be valid.
(b) Upon application in the prescribed manner and on payment of the prescribed fee to the registrar, such assignment shall be recorded in the register.
(c) Unless such assignment is so recorded it shall not be valid, except as between the parties thereto.

 

(2) A registered design or an application for the registration of a design may be attached by recording the warrant of execution or attachment order concerned in the register in the prescribed manner.

 

(3) Upon the discharge of any attachment, the person who caused such warrant or order to be entered into the register shall cause that entry to be deleted: Provided that any other interested person may apply to the registrar to cause such entry to be deleted.

 

(4) An attachment shall lapse on the expiry of a period of three years from the date of recording it in terms of subsection (2), unless it is renewed within that period.

 

(5) The hypothecation of a registered design or an application for the registration of a design may on application in the prescribed manner be entered in the register.

 

(6) After the entry of an attachment or hypothecation in terms of this section, the registered proprietor or applicant for the registration of a design shall not alienate or encumber the attached or hypothecated registered design or application for the registration of a design or grant any licences in respect of such registered design: Provided that such attachment or hypothecation shall not affect the granting of a licence in terms of section 21.