(3)
No person shall appeal to the Supreme Court under this section unless he has
exhausted the remedy available under section 10.
51.
52.
53.
54.
(4)
Any appeal to the Supreme Court shall be made within 28 days of the determination
of the Tribunal.
(5)
The Supreme Court may make rules for ensuring the prosecution of appeals under the
Act.
(6)
On the hearing of an appeal under this section, any person may, by special leave of
the Supreme Court, bring forward further material for the consideration of the
appeal by the Supreme Court.
Offences
(1)
The performance of any act referred to in sections 21, 32 and 40 in Mauritius by
any person other than the owner of the title of protection or the licensee and
without the agreement of the owner, shall be unlawful.
(2)
Any person who knowingly performs any act in breach of subsection (1), shall commit
an offence and shall, on conviction, be liable to a fine not exceeding 250,000
rupees and imprisonment for a term not exceeding 5 years.
Unfair practice
(1)
Any act in breach of sections 21, 32 and 40, shall amount to an act of unfair
practice and may give rise to a claim in damages.
(2)
Any claim arising out of an unfair practice shall be prosecuted in accordance with
the Protection Against Unfair Practices (Industrial Property Rights) Act.
(3)
In any action under subsection (1), the court may, notwithstanding any other
enactment, order the forfeiture of any article or thing that were used in or gave
rise to an act of unfair practice as the court thinks fit.
Regulations
(1)
The Minister may make regulations generally for the purpose of this Act.
(2)
The regulations
provide-
may,
in
but
without
(a)
for the payment of fees; and
(b)
for the procedure for the registration of
collective marks and matters related thereto.
Repeal
The following are hereby repealed –
55.
particular,
(a)
The Patents Act; and
(b)
The Trademarks Act.
Transitional provisions
prejudice
industrial
to
subsection
designs,
marks
(1),
and