112
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
(a)
decide any appeal lodged with it in terms of any provision of this Act;
(b)
consider and give a decision on any application made to it in terms of
any provision of this Act;
(c)
generally to inquire and adjudicate upon any matter which is required
or permitted to be referred to it under any provision of this Act or any
other law.
(3)
Without derogating from the generality of subsection (2) -
(a)
any decision taken by the Registrar under this Act, including in regard
to the grant of a patent or a utility model certificate or a registration of
an industrial design or of a trade mark or a certification trade mark or
a collective trade mark, or in regard to the rejection of an application
for such a grant or registration, may be the subject of an appeal to the
Tribunal by an interested party in the matter before the Registrar, and
such appeal must be filed and prosecuted as prescribed; and
(b)
any change or amendment or correction of any document forming
part of an application or of a patent or a utility model or an industrial
design registration or a trade mark registration or the registration
of a certification or collective trade mark may, on application by
an interested party to the Tribunal, be set aside by the Tribunal if
such change or amendment or correction does not comply with the
provisions of this Act.
(4)
The Tribunal has, in connection with any proceedings before it, all such
powers and jurisdiction as are possessed by a single judge of the court in a civil matter
before the court.
(5)
Any decision, order or determination of the Tribunal may be executed
as if it were a decision, order or a determination made by the court.
(6)
An appeal against any decision by the Tribunal lies to the court.
References to Tribunal by Registrar
221.
(1)
When any matter to be decided by the Registrar under this
Act appears to him or her to involve a point of law or to be of unusual importance or
complexity, he or she may, after giving notice to the parties, refer such matter to the
Tribunal for a decision and must thereafter, in relation to such matter, act in accordance
with the decision of the Tribunal or any decision substituted therefor on appeal to the
Tribunal.
(2)
Where any matter has been referred to the Tribunal in terms of
subsection (1), the Registrar and the parties are entitled to be heard by the Tribunal
before any decision is made in such matter and may appear or be represented as
provided for in section 218.