LAWS OF MALAWI
Registered Designs
Registered Designs(Tribunal) Rules
14.
(1) All evidence shall be by affidavit unless otherwise directed by the Tribunal.
(2)
15.
Cap. 49:05
[Subsidiary]
Evidence
affidavit
by
Whenever a time is specified in this Part within which any act or thing
is to be done, the Registrar of Designs may, on application made to
him in writing, extend the time either before or after its expiration or
within any extended period.
If the applicant notifies the Tribunal that he does not desire to proceed with an
application, the Tribunal in deciding whether costs should be awarded to the
other party shall consider whether proceedings might have been avoided if
such other party had given reasonable notice to the applicant before the
application to the Tribunal was filed.
Costs
PART III
TAXATION OF COSTS
16.
17.
The registrar of the Tribunal shall be the Taxing Officer for the purpose of
taxing a bill of costs of a legal practitioner, and in the taxation of costs shall
comply with such instructions as may from time to time be given to him by the
Tribunal for that purpose.
(1) With a view to affording the party who has been awarded an order for costs
a full indemnity for all costs reasonably incurred by him in relation to his
application or opposition, and to ensure that all such costs shall be borne by the
party against whom such order has been awarded by the Tribunal, the Taxing
Officer shall on every taxation allow all such costs, charges and expenses as
appear to him to have been necessary or proper for the attainment of justice or
for defending the rights of any party, but, save as against the party who
incurred the same, no costs shall be allowed which appear to the Taxing
Officer to have been incurred or increased through over-caution, negligence or
mistake, or by payment of a special fee to counsel, unless the Tribunal
otherwise orders or special charges and expenses to witnesses or other persons
or by other unusual expenses.
(2)
Upon the taxation of costs the Taxing Officer may, in determining the
remuneration to be allowed, have regard to the skill, labour and
responsibility involved. If, on having regard to the said matters, the
Taxing Officer considers that there are special reasons why costs in
excess of those prescribed in the Second Schedule should be allowed,
he may, in respect of any particular application made or business
done, allow such costs as seem to him reasonable and shall certify his
decision in writing.
(3)
Any person aggrieved by the charges made by any legal practitioner
in respect of work performed by him under the Act may refer such
charges to the Taxing Officer for taxation.
86
Registrar
of
Tribunal to be
Taxing Officer.
Necessary
and
proper costs to be
allowed.