172.
| (1) The Registrar may, on application in the prescribed manner by or on behalf of the registered owner of an industrial design, patent or mark, correct any error or enter any change-
| | (a) in the name, address or description of the registered owner of any industrial design, patent or mark; or | | |
| | (b) concerning any other particulars relating to the registration of an industrial design, patent or mark as may be permitted by regulation. | | |
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| (2) Subject and without prejudice to other provisions of this Code-
| | (a) the Court may on the application in the prescribed manner of any person aggrieved by the non- insertion in or omission from any register, of any entry, or by any entry made in any register with out sufficient cause, or by any entry wrongly remaining on any register, or by any error or defect in any entry in any register, make such order for making, expunging, or varying such entry, as it may fit; | | |
| | (b) the Court may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connection with the rectification of any register; | | |
| | (c) in case of fraud in the registration, assignment or transmission of any registered industrial design, patent or mark, the Registrar may himself apply to the Court under the provisions of this section. | | |
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| (3) In any proceedings under this Code in which the relief sought includes correction, alteration or rectification of any register, the Registrar shall have the right to appear and be heard, and shall appear if so directed by the Court. Unless otherwise directed by the Court, the Registrar in lieu of appearing and being heard may submit to the Court a statement in writing signed by him, giving particulars of the proceedings before him in relation to the matter in issue or of the grounds of any decision given by him affecting the same or of the practice of the office in like cases, or of such other matters relevant to the issue, and within his knowledge as such Registrar, as he shall think fit, and such statement shall be deemed to form part of the evidence in the proceedings. |
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| (4) The Court, in dealing with any question of the correction, alteration or rectification of any register, shall have power to review any decision of the Registrar relating to the entry in question or the correction, alteration or rectification sought to be made. |
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Sri Lanka Consolidated Acts