66. Without derogation from section 8 of the Intellectual Property Tribunal Act [Chapter
26:06], in any appeal under this Act the Tribunal may—
(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.
References to Tribunal by Registrar
67.—(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.”.
New Section Substituted for Section 72 of Cap. 26:04
13. Section 72 of the principal Act is repealed and the following section is
substituted—
“Counterclaim for Rectification of Register in Proceedings for Infringement
72. In any proceedings for an infringement of a registered trade mark, the defendant or respondent
may counterclaim for the rectification of the Register and, if he does so—
(a) he shall, within the time-limit for the deliver of the counterclaim, serve it on the Registrar with a
copy of any notice, summons or other document by which the proceedings were instituted; and
(b) the Registrar shall be entitled to take part in the proceedings without delivering a defence, affidavit or
other notice or pleading:
Provided that he shall, appear in the proceedings if directed to do so by the court concerned
or he Tribunal, as the case may be.”.
Repeal of Section 76 of Cap. 26:04
14. Section 76 of the principal Act is repealed.
Repeal of Section 78 of Cap. 26:04
15. Section 78 of the principal Act is repealed.
Repeal of Section 80 of Cap. 26:04
16. Section 80 of the principal Act is repealed.
New Section Substituted for Section 86 of Cap. 26:04
17. Section 86 of the principal Act is repealed and the following is substituted—
“Restriction on Importation or Exportation of Counterfeit Trade Mark Goods
86.—(1) In this section—