Industrial Designs Act [Chapter 26:02], the Patents Act [Chapter 26:03], the Trade Marks Act [Chapter
26:04], the Copyright and Neighbouring Rights Act [Chapter 26:05], the Geographical Indications Act
[Chapter 26:06] or the Integrated Circuit Layout-Designs Act [Chapter 26:07].
(2) The Tribunal shall be a court of record.
Composition of Tribunal
4.—(1) The Tribunal shall be presided over by—
(a) a Senior President who shall be a person appointed, subject to subsection (3), as President of the
Tribunal in terms of subsection (1) of section 92 of the Constitution; or
(b) a President of the Tribunal appointed, subject to subsection (3), in terms of subsection (1) of section
92 of the Constitution.
(2) A person referred to in subsection (1) shall be appointed on such terms and conditions including terms
and conditions relating to the payment of salary, allowances and pension benefits as the President, on the
recommendation of the Judicial Service Commission may fix.
(3) A person shall not be qualified for appointment as a President of the Tribunal unless he is qualified to
be appointed as a judge of the High Court.
Exercise of Jurisdiction of Tribunal
5. The Tribunal’s jurisdiction may be exercised by a President or Presidents of the Tribunal
sitting with one or more assessors appointed in terms of section six.
Assessors
6.—(1) Subject to this section, a President or Presidents of the Tribunal may appoint two persons
from the appropriate list of persons referred to in Subsection (2) to assist as assessors in determining
any matter that is required to be determined in any case before the Tribunal.
(2) With the approval of the Chief Justice, the Senior President of the Tribunal shall draw up a list of the
names of not fewer than ten persons who have knowledge or experience in intellectual property issues to
act as assessors and who are otherwise suitable for appointment as such.
(3) The Presidents of the Tribunal may—
(a) draw up different lists in terms of subsection (2) for different classes of cases;
(b) with the approval of the Chief Justice, amend any list drawn up in terms of subsection (2).
(4) Before an assessor enters upon his duties for the first time, he shall take an oath before a President of
the Tribunal that he will faithfully perform his duties as a member of the Tribunal.
(5) An assessor appointed in terms of subsection (1) shall act in an advisory capacity only and shall not be
entitled to a vote in the decision of the Tribunal.
(6) An assessor who is not a person in the full-time employment of the State shall be paid such
remuneration and allowances as the Minister, with the consent of the Minister responsible for finance, may
fix.
Part III Jurisdiction and Powers of Tribunal
Jurisdiction of Tribunal
7.—(1) Subject to this Act and the appropriate enactment, the Tribunal shall have jurisdiction
to hear and determine—