COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
(b) the Registrar may take no further grounds of objection to the application other than
those stated by him, except with the leave of the Tribunal, and where the Tribunal gives
the Registrar such leave the applicant shall be entitled, on giving the prescribed notice,
to withdraw his appeal without payment of costs.
99 Advertisement of accepted application
(1) Where the Registrar has accepted an application under section ninety-eight, whether
absolutely or subject to conditions or limitations, the applicant shall without delay cause the
application as accepted to be advertised in the prescribed manner, and the advertisement shall set
forth any conditions and limitations subject to which the application was accepted:
Provided that the Registrar may require an application to be advertised before acceptance in
any case where he considers that there are exceptional circumstances which make it expedient to
do so, and where an application has been so advertised the Registrar may, if he thinks fit, require
it to be advertised again after it has been accepted.
(2) After advertisement in terms of subsection (1), the application and any documents that
were lodged in support of the application may be inspected by members of the public, on payment
of the prescribed fee, at all convenient times during office hours at the office of the Registrar.
(3) If an application is not advertised in terms of subsection (1) within six months after the
Registrar has accepted the application, or within such longer period as the Registrar may allow, it
shall be deemed to have been abandoned.
100 Opposition to registration
(1) Within two months after an application has been advertised in terms of section ninetynine, or within such longer period as the Registrar may allow, any person may give notice to the
Registrar of opposition to the registration, which notice shall—
(a) be given in writing in the prescribed manner; and
(b) set out the grounds of opposition.
(2) The Registrar shall send the applicant a copy of any notice of opposition in terms of
subsection (1) and, within one month after receiving it or within such longer period as the
Registrar may allow, the applicant may send to the Registrar in the prescribed manner a counterstatement setting out the grounds on which he relies in support of his application.
(3) If an applicant does not send the Registrar a counter-statement in terms of subsection
(2) he shall be deemed to have abandoned his application.
(4) As soon as possible after receiving a counter-statement in terms of subsection (2), the
Registrar shall send a copy of it to every person who gave notice of opposition to the application.
101 Decision on application for registration
(1)
If, after an application has been advertised in terms of section ninety-nine—
(a) the Registrar has not received a notice of opposition in terms of section one hundred
within the period specified in that section; and
(b) the Registrar is satisfied as to the matters and circumstances referred to in subsection
(3), (4) and (5), as the case may be, of section eighty-nine;
the Registrar shall proceed to register the right or matter concerned.
Act 11/2001
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Chapter 26:01
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