such place as he may think fit.
PART VIII
APPEALS AND LEGAL PROCEEDINGS
35
Appeals from Registrar
Where this Act provides for an appeal against a decision of the Registrar, the appeal
shall be made to the Tribunal in accordance with this Part and the Intellectual
Property Tribunal Act [Chapter 26:06].
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
36
Time for appeals
An appeal referred to in section thirty-five shall be lodged with the Tribunal within
two months after the appellant was notified of the decision or order against which the
appeal is brought or within such further time as the Tribunal may for good cause
allow.
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
37
Powers of Tribunal on appeal
Without derogation from section 8 of the Intellectual Property Tribunal Act [Chapter
26:06], in any appeal under this Act the Tribunal may¾
(a)
confirm, set aside or vary the order or decision against which the
appeal is brought;
(b)
exercise any of the powers which could have been exercised by the
Registrar in the proceedings in connection with which the appeal is brought.
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
38
References to Tribunal by Registrar
(1) If it appears to the Registrar that any matter to be decided by him under this Act
involves a point of law or to be of unusual importance or complexity, he may, after
giving notice to the parties, refer the matter to the Tribunal for decision, and
thereafter in relation to that matter he shall act in accordance with the decision of the
Tribunal or any decision substituted therefor on appeal to the Supreme Court.
(2) Where a matter has been referred to the Tribunal in terms of subsection (1), the
Registrar and the parties shall be entitled to be heard by and appear before the
Tribunal before any decision is made in the matter.
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
39
Costs of Registrar
In all proceedings before the Tribunal under this Act, the costs of the Registrar shall
be in the discretion of the Tribunal, but the Registrar shall not be ordered to pay the
costs of any of the other parties.
40
......
[Repealed by Act 25 of 2001 with effect from the 1st March, 2002.]
41
......
[Repealed by Act 25 of 2001 with effect from the 1st March, 2002.]
42
......
[Repealed by Act 25 of 2001 with effect from the 1st March, 2002.]
43
......
[Repealed by Act 25 of 2001 with effect from the 1st March, 2002.]
44
......
[Repealed by Act 25 of 2001 with effect from the 1st March, 2002.]
45
Certification of validity
In any legal proceedings in which the validity of the registration of a design is
contested and is decided in favour of the registered proprietor of the design, the
Tribunal or the court which gave the decision, as the case may be, may certify to that
effect and, if it so certifies, then, in any subsequent legal proceedings in which the
validity of the registration comes into question, the registered proprietor of the
design, on obtaining a final order or judgment in his favour, shall have his full costs,
charges and expenses as between legal practitioner and client, unless in those
subsequent proceedings the Tribunal or the court concerned directs that he ought not