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Registration of assignments, etc.
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127.—(1) Where a person becomes entitled by assignment, transmission, or other operation of law to a patent or to the copyright in a registered design or to a registered trade mark, he shall make application to the controller to register his title, and the controller shall on receipt of such application and on proof of title to his satisfaction, register him as the proprietor of such patent, design, or trade mark, and shall cause an entry to be made in the prescribed manner on the appropriate register of the assignment, transmission, or other instrument affecting the title.
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(2) Where any person becomes entitled as mortgagee, licensee, or otherwise to any interest in a patent or a design, or as mortgagee or otherwise to any interest in a trade mark, he shall make application to the controller to register his title, and the controller shall, on receipt of such application and on proof of title to his satisfaction, cause notice of the interest to be entered in the prescribed manner in the appropriate register with particulars of the instrument (if any) creating such interest.
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(3) The person registered as the proprietor of a patent, design, or trade mark shall, subject to the provisions of this Act, and to any rights appearing from the register to be vested in any other person, have power absolutely to assign, or otherwise deal with the patent, design, or trade mark (including, in the case of a patent or a design, to grant licences in respect thereof), and to give effectual receipts for any consideration for any such assignment, licence, or dealing.
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(4) Any equities in respect of a patent, design, or trade mark may be enforced in like manner as in respect of any other personal property.
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(5) Except in cases of appeals under this section and applications and appeals complaining of the non-insertion in or omission from a register of an entry relating to a document or instrument, a document or instrument in respect of which no entry has been made in the register in accordance with the provisions of this section shall not be admitted in evidence in any court in proof of the title to a patent, or copyright in a design, or a trade mark, or to any interest therein, unless the court otherwise directs.
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(6) Any decision of the controller under this section shall be subject to appeal to the court.
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