10.
(3)
The Minister may designate such public officers as he thinks fit, including a
Registrar, to assist in the conduct of the business of the Tribunal.
(4)
The members of the Tribunal shall be appointed, on such terms and conditions, and
be paid such fees, as the Minister may approve.
Jurisdiction of Tribunal
(1)
The Tribunal shall have jurisdiction to hear and determine an(a)
appeal
by
any
person
who
feels
aggrieved
by
any
decision
taken
by
the
Controller, under any of the industrial property enactments, other than a
decision under section 4(1)(b);
(2)
(b)
application by a person to the Tribunal for a ruling on the interpretation of
any provision of any of the industrial property enactments; and
(c)
application under section 23(1) (b) of this Act.
Any appeal to the Tribunal, under subsection (l)(a), shall be made within 28 days
of the decision of the Controller.
(3)
The Tribunal shall sit at such time and place as the Chairman may determine.
(4)
The Tribunal shall, subject to such regulations as may be prescribed, regulate its
own proceedings and may (a)
(b)
make such orders for requiring the attendance of persons and the production
of articles or documents, as it thinks necessary for the conduct of its
business; and
take evidence on oath.
(5)
On the hearing of an appeal, the Tribunal may confirm, amend or cancel a decision
made by the Controller or give such determination as it considers appropriate.
(6)
On the hearing of an appeal under subsection (1)(a) or an application under
subsection (1)(c), the Tribunal shall, if necessary, hear the parties and shall
make an order determining whether, and subject to what conditions or limitations as
to the mode or place of use or otherwise, the grant of patent or registration of
mark or industrial design, is to be permitted.
(7)
In proceedings under subsection (1)(a), no grounds of opposition to the
registration or grant of an industrial property, other than those stated by the
party in his notice of opposition, shall, except by leave of the Tribunal, be
allowed to be taken by the party giving notice of opposition or the Controller.
(8)
Where, after the Tribunal has allowed any further ground of opposition, under
subsection (7), the respondent decides to withdraw his application, he shall give
notice to the Tribunal and any other party to the appeal accordingly within one
month of the leave being granted, and no cost shall be awarded against him.
(9)
In any appeal under this section, the Tribunal may, after hearing the parties to
the appeal, order that any industrial property proposed to be registered or
granted, be modified in any manner not substantially affecting its identity.
(10)
Any trademark, modified under subsection (9), shall be advertised by the applicant
in the Government Gazette and in 2 daily newspapers, one of which shall be approved
by the Controller, before being registered.