14 Government Gazette 23 March 2012 Act No. 1, 2012 (d) No. 4907 INDUSTRIAL PROPERTY ACT, 2012 may appoint such other staff members or employees as the Minister on the recommendation of the Permanent Secretary of the ministry responsible for trade and industry considers necessary to assist the Registrar to perform any function of the Office. (2) The Minister may, instead of appointing a person as Registrar as contemplated in subsection (1), designate the person appointed as Registrar of Companies in terms of section 6 of the Companies Act, 2004 (Act No of 2004) or any other staff member employed in the Public Service to be the Registrar for purposes of this Act. Functions and powers of Registrar 5. (1) Without derogating from the generality of the provisions of section 4, the Registrar must exercise the following powers, and perform the following duties and functions, namely to – (a) process all applications made in terms of this Act; (b) grant or, where appropriate, refuse patents and utility model certificates; (c) register or, where appropriate, refuse to register industrial designs, trade marks, certification trade marks and collective trade marks; (d) administer granted patents and utility model certificates and registered industrial designs, trade marks, certification trade marks and collective trade marks; (e) register licence contracts entered into in terms of this Act; (f) carry out studies, programmes or exchanges of information or services regarding domestic and international industrial property law; (g) extend periods during which things may be done as contemplated in section 206; (h) issue administrative instructions as contemplated in section 237; and (i) exercise such powers and perform such functions as are necessary to achieve the objects of this Act. (2) Despite anything to the contrary in this Act, the Registrar may, where no specific provision is made for the levying or charging of any fee or additional fee under this Act, charge the applicant any fees or additional fees as may be prescribed for the doing of any act or provision of any service as required under this Act. Seal of Office 6. The Registrar must keep a seal of the Office and the impression of that seal must be judicially noticed.

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