32
Power to
award and tax
costs
Trademarks
No. 2
(5) The taxation shall be subject to appeal to the Appeals
Tribunal, and any such costs may be recovered by action in a court
of competent jurisdiction.
73.__(1) In all proceedings before the Registrar under this Act,
the Registrar shall have power to award to any party, such costs as
he may consider reasonable and to direct how the payment is to be
made.
(2) Any costs awarded by the Registrar shall be taxed by the
Registrar and payment thereof may be enforced in the same manner
as if they were costs allowed by the Appeals Tribunal.
Trademark
agents
PART XI__TRADEMARK AGENTS
74.__(1) Subject to subsection (2), where an act has to be done
under this Act by a person in connection with the registration of a
trademark, geographical indication, collective mark, certification
mark or of any other thing which may be done under this Act, such
person may either do it himself or through a trademark agent.
(2) Where an applicant’s ordinary place of residence or principal
place of business is outside Malawi, he shall be represented by a
trademark agent resident and entitled to act as such in Malawi.
Trademark
agents
register
(3) A person shall be qualified to act as a trademark agent if the
person is resident in Malawi and__
(a) is a legal practitioner entitled to practice in the High Court
of Malawi; or
(b) is admitted to practice as a trademark agent before the
Institute of Patents and Trademark Agents of Malawi.
75.__The Registrar shall keep a register of trademark agents in
Malawi and may remove from the register of trademark agents, the
name of any trademark agent upon proof to the Registrar’s
satisfaction, that the trademark agent has__
(a) died;
(b) become of unsound mind;
(c) been adjudged or otherwise declared bankrupt or insolvent
under any law, or has made an assignment to or composition with
his creditors;
(d) ceased to reside or maintain a place of business in Malawi;
(e) applied for his name to be so removed from the register;
(f) been convicted, in Malawi or elsewhere, of an offence and
sentenced to serve a term of imprisonment without the option of
a fine, whether such sentence is suspended or not; or