Section 28 Patents and Designs Act 1971

Section 28 of the Patents and Designs Act 1971 is about Registration: miscellaneous provisions. It is under ‘General’ of the Act. It provides as follows:

(1) There shall be a registrar of patents and designs, who shall be appointed by the
Federal Civil Service Commission.

(2) The registrar may correct any clerical error in an entry in the register, but before
doing so shall give the person to whom the entry relates an opportunity to make representations.

(3) Any persons–
(a) may consult the register free of charge during the prescribed hours; and
(b) on payment of the prescribed fee, may obtain a copy of any entry in the register.
(4) A copy of an entry in the register sealed with the registrar’s seal shall be admissible as evidence of what is stated therein; and any document purporting to be such a copy shall be presumed, until the contrary is proved, to be what it purports to be.

(5) Any person aggrieved by a decision of the registrar in the exercise of his functions under this Act may appeal to the court.

(6) If the Minister so directs, the registrar shall from time to time publish a journal to
be known as the Patents and Designs Journal in which shall be published all such matters as are required by this Act to be published or notified and such other matters relating to patents and designs as the registrar thinks fit:

Provided that, if there is no such direction in force, any matter required by this Act
to be published or notified shall be published by the registrar in the Federal Gazette.

(7) Subject to this Act and any rules made under section 30 (b) of this Act, the registrar shall maintain and make entries in the register in whatever manner appears to him to be most suitable and convenient.

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