Intellectual Property Rights from Publicly Financed Research and
R 385
Designs Act, 1993 (Act No. 195 of 1993)34. Voluntary surrender of registered design |
| (1) | A registered proprietor may at any time, by giving notice in the prescribed manner to the registrar, offer to surrender the design, and the registrar shall give notice of the offer to any person shown in the register to have an interest in that design. |
| (2) | Any interested person may within the prescribed time lodge in writing with the registrar an objection to the surrender of the design. |
| (3) | If no objection is so lodged or if any such objection is overruled by the court after having given the registered proprietor and the objector an opportunity to be heard, the registration shall be deemed to have been revoked as from the date of receipt by the registrar of the offer of surrender, and the registrar shall advertise the revocation of the registration in the journal and make the necessary entries in the register. |
| (4) | An offer to surrender a registered design shall not be considered as long as any proceedings for infringement or revocation of that registered design are pending before the court, except by consent of the parties to such proceedings or with the leave of the court. |
