Intellectual Property Rights from Publicly Financed Research and
R 385
Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977)The Register of Copyright in Cinematograph Films17. General power to rectify entries in register |
| (1) | Any person aggrieved by the non-insertion in, or omission from, the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply to the court or, at the option of the applicant and subject to the provisions of section 39, on payment of the fees prescribed in the prescribed manner, to the Registrar, for the desired relief and thereupon the court or the Registrar, as the case may be, may make such order for making, expunging or varying the entry as to it or him may seem fit. |
| (2) | The court or the Registrar, as the case may be, may in any proceedings under this section decide any question that it may be necessary or expedient to decide in connection with the rectification of the register. |
| (3) | In the event of the Registrar being satisfied that any entry relating to the registration or license of the copyright in a cinematograph film has been secured by fraud or misrepresentation or that any such entry was made without sufficient cause or wrongly remains on the register, he shall also have locus standi to apply to the court under the provisions of this section. |
| (4) | Any order of the court rectifying the register shall direct that notice of the rectification shall be served on the Registrar, and the Registrar shall on receipt of the notice together with an application on the form prescribed, rectify the register accordingly. |
