COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
(2) If the Registrar has received a notice of opposition and counter-statement in terms of
section one hundred, he shall consider the submissions made therein and, if he considers it
necessary or if he is required to do so by either party, shall hear any evidence the parties wish to
adduce, and thereupon without delay shall proceed to—
(a) reject the application concerned; or
(b) register the right or matter concerned; or
(c) refer the matter to the Tribunal in terms of subsection (3).
(3)
Where—
(a) the Registrar considers that it is desirable to do so because of any point of law involved
or the unusual importance or complexity of the matter; or
(b) the applicant and all persons who have given notice of opposition so request;
the Registrar may refer an application to the Tribunal for decision and shall thereafter act in the
matter in accordance with the Tribunal’s decision.
(4) When entering in the Register the registration of an assignment or licence that has been
granted for a limited term, the Registrar shall specify its duration.
(5) When entering the registration of a collecting society in the Register, the Registrar shall
specify the classes of works in respect of which the society is registered.
(6) The Registrar may register any right or matter in terms of this section subject to such
modifications, conditions or limitations as may be prescribed.
(7) On registering any right or matter in terms of this section, the Registrar shall issue the
applicant with a certificate of registration in the prescribed form.
102 Effective date and duration of registration
(1) Where the Registrar registers any right or matter in terms of section one hundred and
one, he shall do so with effect from the date on which the application for its registration was
lodged, and that date shall be deemed to be the date of its registration for the purposes of this
Part.
(2)
The registration of⎯
(a) copyright in a registrable work shall continue for so long as copyright subsists in the
work;
(b) an assignment or licence, including a licence in respect of a reserved work of folklore,
shall continue for so long as the assignment or licence remains in force;
(c) a collecting society shall continue for so long as the society remains in existence;
unless the registration is deleted or cancelled earlier in terms of section one hundred and six or
one hundred and seven.
103 Power of Registrar to allow amendments to applications and documents
(1) Where the copyright in a registrable work which is the subject of a pending application
for registration under this Part has been assigned or re-assigned after the application was lodged,
the Registrar may on application allow the assignee to be substituted as applicant.
Act 11/2001
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Chapter 26:01
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