LAWS OF MALAWI
Trade marks
(2)
Cap. 49:01
The powers, rights and privileges of the Registrar in proceedings
before him under this Act shall be the same as those conferred upon
commissioners by the Commissions of Inquiry Act and sections 9, 10
and 12 of that Act and so much of the regulations made under it as are
applicable shall, mutatis mutandis, apply in relation to the hearing and
determination of any matter before the Registrar under this Act and to
any person summoned to give evidence or giving evidence before
him.
49.
The Registrar may in any proceeding held before him decide the hours, times
and places at which he will sit and he may adjourn any proceedings for such
time and to such place as he may think fit.
50.
No advertisement or notice, other than a notice issued under the authority of
the Minister, shall be published by any person under this Act unless it is in the
prescribed form and the Registrar has approved the contents of such
advertisement or notice, and no advertisement or notice which has not been so
approved shall have any force or effect for the purposes of this Act.
Cap. 18:01
Power of Registrar
to fix time and
place of sitting, etc.
Advertisements to
be approved by
Registrar.
PART X
APPEALS AND LEGAL PROCEEDINGS
51.
(1) Where this Act provides for an appeal from a decision of the Registrar,
such appeal shall be made to the Tribunal.
(2)
For the purposes of this Act, the Minister shall appoint a Registrar of
the Tribunal and such other officers thereof as he may deem
necessary.
(3)
The Tribunal shall in connection with any proceedings before it under
this Act have all the powers of the High Court and without prejudice
to the foregoing and to the other powers conferred upon it by this Act,
the Tribunal shall have power to make any order for the purpose of
securing the attendance of any person, the discovery or production of
any documents, or the investigation or punishment of any contempt of
court which the High Court as aforesaid has power to make.
(4)
The procedure and practice of the Tribunal shall, save as otherwise
provided for by rules made under this Part, be those prevailing in the
High Court, in so far as the same are applicable, and if any matter
should arise which is not contemplated by either such procedure,
practice or rules, the Tribunal may give instructions regarding the
course to be pursued which instructions shall be binding on all parties.
(5)
Upon appeal to the Tribunal, the Tribunal:(a)
Confirm, set aside or vary the order or decision in question;
(b)
Exercise any of the powers which could have been exercised
by the Registrar in proceedings in connection with which the
Patents Tribunal
to hear appeals.