LAWS OF MALAWI
Registered Designs
Registered Designs(Tribunal) Rules
Cap. 49:05
[Subsidiary]
PART II
APPLICATIONS
11.
(1) Any reference to the Tribunal under section 21 by a party to a dispute
(hereinafter referred to as the “the claimant”) shall be made in from DT. No. 4
and shall be filed with the Registrar of Designs.
(2)
The claimant shall by affidavit verify the facts upon which he relies
and shall state fully the nature of his interest in the matter in dispute
and the relief which he seeks.
(3)
The claimant shall serve a copy of his claim and of the relevant
affidavit upon the other party to the dispute.
(4)
The other party shall within two months from the date of receipt of
such copy deliver to the Registrar of Designs a counter-statement,
verified by affidavit, setting out fully the nature of his interest and the
facts upon which he relies, and shall at the same time serve upon the
claimant a copy of the counterstatement and of such affidavit.
(5)
Proof of service shall be furnished to the satisfaction of the Registrar
of Designs.
(6)
When this rule has been complied with to the extent herein required,
the Registrar of Designs shall hand all relevant papers to the registrar
of the Tribunal.
(7)
Any party to the dispute may at any time during the proceedings
under this rule make application to the Tribunal for an order for
hearing of oral evidence, and the Tribunal shall make such order as it
deems fit.
Dispute
as
to
Government use.
12.
An application for the rectification of the register under section 24 shall be
made to the Tribunal in form DT. No. 5 and a copy thereof shall be served on
the Registrar of Designs and on any other person appearing from the register to
be interested in the design.
Rectification
register
of
13.
(1) When the registrar of the Tribunal has received from the Registrar of
Designs the papers of written proceedings in relation to any application or
other matter made to the Tribunal under the Act, he shall, after taking
directions form the Chairman, appoint a time and place for the hearing of the
case, and shall give the parties at least fourteen days’ notice of the
appointment.
Hearing
applications
of
(2)
After hearing the party or parties desiring to be heard, or, if none of
the parties desires to heard, then without a hearing, the Tribunal shall
decide the case and notify its decision to the parties.
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