and to such place as he may think fit.
31
Power of Registrar to extend time-limits
(1) The Registrar may extend the time for doing anything under this Act, upon due
notice to the parties concerned and on such terms and conditions as he may think fit
to impose:
Provided that the Registrar shall not have power extend the two-year period referred
to in paragraph (b) of subsection (1) of section seven.
(2) The Registrar may grant an extension under subsection (1) even though the time
for doing the thing concerned has already expired.
PART IX
APPEALS AND REFERENCES
32
Appeals from decisions of Registrar
Where this Act provides for an appeal against a decision of the Registrar, the appeal
shall be made to the Tribunal in accordance with this Part and the Intellectual
Property Tribunal Act [Chapter 26:06].
33
Time for appeals
An appeal referred to in section thirty-two shall be lodged with the Tribunal within
two months after the appellant was notified of the decision or order against which the
appeal is brought or within such further time as the Tribunal may for good cause
allow.
34
Powers of Tribunal on appeal
Without derogation from section 8 of the Intellectual Property Tribunal Act [Chapter
26:06], in any appeal under this Act the Tribunal may¾
(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.
35
References to Tribunal by Registrar
(1) If it appears to the Registrar that any matter to be decided by him under this Act
involves a point of law or is unusually important or complex, 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.
36
Costs of Registrar
In any proceedings before the Tribunal under this Act, the costs of the Registrar shall
be in the discretion of the Tribunal, but the Registrar shall not be ordered to pay the
costs of any of the other parties.
37
Certification of validity of registration
(1) If the validity of the registration of a layout-design is contested in any legal
proceedings and the proceedings are decided in favour of the registered proprietor of
the design, the Tribunal or the court concerned may issue a certificate to that effect.
(2) Where a registered proprietor or his predecessor in title has been issued with a
certificate in terms of subsection (1) and he obtains a final judgment or order in any
subsequent legal proceedings in which the validity of the registration of the same
layout-design is contested, he shall be entitled to his full costs and expenses as
between legal practitioner and client, unless in those subsequent proceedings the
Tribunal or court concerned directs that he ought not to have them.
PART X
INFRINGEMENTS
38
Tribunal or court that may hear proceedings for infringement of registered
layout-design
Proceedings for infringement of a registered layout-design may be instituted—