106 Act No. 1, 2012 Government Gazette 23 March 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 (2) A certificate purporting to be signed by the Registrar, to the effect that any entry authorised by this Act to be made, has or has not been made, or that any other thing so authorised to be done, has or has not been done, is prima facie evidence of the matters specified in that certificate. (3) A copy or an extract purporting to be a copy of an entry in the register or of a document kept at the Office or an extract from the register or any such document, and purporting to be certified by the Registrar and to be sealed with the seal of the Office, will be admitted in evidence before the Tribunal or any other court without further proof or production of the originals. Evidence of ownership 204. (1) The person appearing from the register to be the owner of a patent or a utility model certificate or an industrial design registration or the registration of a trade mark, including a certification or collective trade mark, or an applicant in an application for any such title under this Act has, subject to any right appearing from the register to be vested in any other person, the power to deal with such industrial property title or application as the owner thereof. (2) In all legal proceedings relating to a registered industrial property title under this Act, the fact that a person is registered as the owner of the title is prima facie evidence of the validity of the original registration of ownership of the title and of all subsequent assignments and transmissions of such ownership. (3) The provisions of subsections (1) and (2) do not protect any person dealing with an owner or applicant otherwise than as a bona fide licensee, purchaser, hypothecary or judgment creditor and without notice of any fraud on the part of such owner or applicant. (4) Except as expressly otherwise provided in this Act, a document or instrument in respect of which no entry has been made in the register may not be admitted in evidence in any proceedings in proof of the title to a patent or a utility model certificate or an industrial design registration or the registration of a trade mark, including a certification or collective mark, or an application to any such title, or to any interest therein, unless the Registrar, Tribunal or the court, on good cause shown, otherwise directs. (5) Except as expressly otherwise provided in this Act, no person who does not appear from the register as having an interest in an industrial property title under this Act or an application therefore, may be allowed to prove such interest in any proceedings, unless the Registrar, Tribunal or the court, on good cause shown, otherwise directs. Loss of document 205. If any document issued by the Registrar or lodged with the Registrar is lost, the Registrar must, on the request of any person entitled to such document and on payment of the prescribed fee, furnish such person with a copy of such document issued or lodged insofar as this is possible, or, if a copy cannot be furnished, furnish such person with a certificate in respect thereof.

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos