being of the community.
26
Reference of disputes as to State use
(1) Any dispute as to—
(a)
the exercise by a department of the State or a person authorised by the
Minister of the powers conferred by section twenty-four; or
the terms for the use of a registered layout-design for the service of
(b)
the State under section twenty-four; or
(c)
the right of any person to receive any payment determined in terms of
paragraph (b);
may be referred to the Tribunal by any party to the dispute.
(2) In any proceedings under this section to which a department of the State is a party,
the Minister may—
(a)
if the proprietor of the registered design concerned is a party to the
proceedings, apply for cancellation of the registration of the design upon any ground
upon which its registration may be cancelled under section nineteen;
(b)
in any case, put in issue the validity of the registration of the design
concerned without applying for its revocation.
(3) In determining any dispute between a department of the State and any person as to
terms for the exploitation of a registered layout-design for the service of the State, the
Tribunal shall have regard to any benefit or compensation which that person or any
person from whom he derives title may have received or may be entitled to receive,
directly or indirectly, from any department of the State in respect of the design in
question.
PART VIII
POWERS OF REGISTRAR
27
Exercise of discretionary powers of Registrar
Without prejudice to any provision of this Act requiring the Registrar to hear any
party to any proceedings or to give any such party an opportunity to be heard, the
Registrar shall not exercise any discretionary power given to him under this Act in a
manner which adversely affects the rights of any person unless he has given that
person a reasonable opportunity to make representations in the matter, either
personally or by his agent.
28
Proceedings before Registrar
(1) Evidence in any proceedings before the Registrar under this Act shall be given by
affidavit:
Provided that the Registrar may take oral evidence on oath in lieu of or in addition to
evidence by affidavit and may allow any witness to be cross-examined on his
affidavit or oral evidence.
(2) For the purposes of any proceedings before the Registrar under this Act, the
Registrar shall have the same powers, rights and privileges as are conferred upon a
commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than the
power to order a person to be detained in custody, and sections 9 to 13 and 15 to 19
of that Act shall apply, mutatis mutandis, 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.
29
Registrar may award costs
(1) In any proceedings before the Registrar under this Act, the Registrar may award
any party such costs as he considers reasonable and may direct how and by what
parties they are to be paid.
(2) Any costs awarded by the Registrar in terms of subsection (1) shall be taxed by
the registrar of the Tribunal, and payment thereof may be enforced in the same way as
if they were costs allowed by the Tribunal.
30
Power of Registrar to fix time and place of sitting and to adjourn proceedings
In any proceedings before him under this Act, the Registrar may decide the hours,
times and places at which he will sit and may adjourn the proceedings for such time