140
No. 17 of 1980]
'l.'rade Marks
(Amendment)
Repoaland
replacement
of section 66
26. The principal Act is amended by the repeal of section
fifty-six and the substitution therefor of the following section:
References
to High
56. iVlwn any matter to be decided by the Registrar
under this Act appears to him to involve a point of law
or to he of unusual importance or complexity, he may,
after giving notice to the parties, refer such matter to the
High COUlt for a decision and shall thereafter, in relation
to such matter, act in accordance with the decision of the
High Court or any decision substituted therefor on appeal
to the Supreme Court.
Court by
Rogistrar
Amendment
of section 58
27. Section fifty-eight of the principal Act is amended by the
deletion of the words "High Court or Tribunal" wherever
they occur and the substitution therefor of " Supreme Court
or High Court".
Amendmont
of section 60
28. Section sixty of the principal Act is amended by the
deletion of "Tribunal" and the substitution therefor of
" High Court".
Amendment
of section 61
29. Section sixty-one of the principal Act is amended by
the deletion of the word "Tribunal" wherever it occurs and
the substitution therefor of " High Court".
Repeal of
sections
62 and 63
30. '1'he principal Act is amended by the repeal of sections
8ixty-two and sixty-three.
Repeal and
rep1acement
of 8OOtion 64
31. The principal Act is amended by the repeal of section
sixty-four and the substitution therefor of the following section:
Procedure
in eaees of
option to
64. Where under any of tho foregoing provisions of
this Act an applicant has an option to make an application
either to the High Court or to the Registrar and such
application is made to the Registrar, the Registrar may,
at any stage of the proceedings, refer the application to
the High Court or may, after hearing tho parties, determine
the question between them, subject to appeal to the High
Court.
apply to
High Court
or Registrar
Repeal and
replacement
of section 65
Security for
costs and
taxation of
costs
32. The principal Act is amended by the repeal of section
8ixty-five and the substitution therefor of the following section:
65. (1) When a party to proceedings before the Regis
trar is resident outside Zambia, the Registrar may order
such pa.rty to give security, within such time as may be
directed, for the costs of the proceedings.
(2) If the party ordered to give security for costs fails
to do so within the time directed, the Registrar may treat
the proceedings as abandoned.
(3) Where a bond is to be given as socurity for costs, it
shall, unless the Registrar otherwise directs, be given to
the party requiring the security.