offence and liable to a fine not exceeding twenty thousand dollars or to imprisonment
for a period not exceeding two years or to both such fine and such imprisonment.
46
False representation that layout-design is registered
Any person who falsely represents that a layout-design of an integrated circuit sold by
him is registered shall be guilty of an offence and liable to a fine not exceeding fifty
thousand dollars or to imprisonment for a period not exceeding one year or to both
such fine and such imprisonment.
PART XII
EVIDENCE
47
Register to be evidence of entries therein
The Register shall be prima facie evidence of anything that is required or permitted
by or under this Act to be entered in it.
48
Evidence of certain entries and documents
(1) In any proceedings before the Tribunal or any court, a document purporting to be
a copy of an entry in the Register provided in terms of section six shall be admissible
on its production by any person as prima facie evidence of the entry having been
made and of its contents.
(2) In any proceedings before the Tribunal or any court, a document purporting to be
a statement by the Registrar, certified with the seal of the Patent Office and giving
particulars of¾
(a)
any proceedings before him in terms of this Act; or
(b)
the grounds for any decision or order given or made by him in terms
of this Act; or
the practice of the Designs Office; or
(c)
(d)
any representation, specimen or document kept in the Designs Office;
or
(e)
any other matter which is within his knowledge as Registrar;
shall be admissible on its production by any person as prima facie evidence of the
facts stated in the document.
PART XIII
GENERAL
49
Inspection of registered layout-design
(1) Subject to this section, any copy or drawing of a registered layout-design which
accompanied the application for its registration shall be open to public inspection at
the Designs Office on and after the certificate of registration is issued in respect of the
design.
(2) Where a registered layout-design is of a class prescribed for the purposes of this
subsection, no copy or drawing which accompanied the application for its registration
shall be open to inspection in terms of subsection (1) until such period as may be
prescribed has elapsed after the certificate of registration was issued:
Provided that the following persons shall have a right to inspect any such copy or
drawing—
(a)
the registered proprietor of the design or a person authorised in writing
by the registered proprietor; or
(b)
a person authorised by the Registrar, the Tribunal or a court;
but they may do so only in the presence of the Registrar or an officer acting under
him and shall not be entitled to take a copy of the copy or drawing concerned or any
part thereof.
(3) Where an application for the registration of a layout-design has been abandoned
or refused, neither the application for registration nor any copy or drawing that
accompanied it shall be open at any time to public inspection at the Designs Office or
be published by the Registrar.
50
Recognition of agents
Where by this Act anything is to be done by or to any person in connection with a
layout-design, it may be done by or to that person’s duly authorised agent, where the