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Sentech Act, 1996 (Act No. 63 of 1996)

3. Transfer of assets and liabilities regarding signal distribution

 

 

(1)        

(a) Before or as soon as possible after the transfer of the shares in Sentech (Pty.) Ltd. to the State in terms of section 2(1), such assets, liabilities, rights and obligations (including any claim to copyright, trademarks and patentable inventions) of the SABC which relate to or are connected with broadcasting signal distribution as the SABC and the Minister may agree upon, shall be transferred to Sentech (Pty.) Ltd. or, if it has been already converted into a public company as contemplated in section 4, to that company.
(b) In the absence of such an agreement between the SABC and the Minister, the assets, liabilities, rights and obligations to be so transferred shall be determined by arbitration in accordance with the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965).

 

(2) In order to effect the transfer of any land or real right contemplated in subsection (1), the Registrar of Deeds who exercises jurisdiction over the area in which the land involved is situated, shall effect the entries, notes and endorsements that he or she considers necessary in or on any relevant register, title deed or other document in his or her office or submitted to him or her.

 

(3) The Minister may on behalf of the State apply for the registration of any registerable right relating to intellectual property, including the registration as patents of patentable inventions, transferred in terms of subsection (1).

 

(4) In order to give effect to the transfer of any trade mark referred to in subsection (1), the Registrar of Trade Marks shall make the entries, notes and endorsements that he or she considers necessary in or on any relevant register, certificate or other document in his or her office or submitted to him or her.

 

(5) The Registrar of Deeds concerned or the Registrar of Trade Marks may request the Minister to produce or submit to him or her the information or document that he or she considers necessary for the purpose of subsection (2) or (4), as the case may be.

 

(6) No transfer duty, stamp duty, registration fee or any other tax, levy or fee imposed by law shall be payable in respect of the transfer of any asset or right in terms of this section.