appeal is brought.
LAWS OF MALAWI
Trade marks
Cap. 49:01
(c)
Make such order as to costs as it may think fit.
(6)
For the purpose of this Act, the Tribunal shall sit at such times and
places as it may appoint.
(7)
In any proceedings before it, the Tribunal may, subject to section 79,
accept evidence by affidavit or take oral evidence on oath and allow
any witness to be cross-examined on his affidavit or oral evidence.
52.
In any proceedings before the Tribunal under this Act, the parties to such
proceedings may appear in person or be represented and appear by a legal
practitioner, and in any case where the Tribunal deems fit, it may grant to the
Registrar leave to intervene, and he may thereafter appear or be so represented.
53.
The Minister may make rules for regulating generally the practice and
procedure of the Tribunal and with respect to appeals or references to such
Tribunal as to the time within which any requirement of the rules is to be
complied with, as to the costs and expenses of and incidental to any
proceedings in such Tribunal, as to the fees to be charged in respect of
proceedings therein, as to the fees to be paid to assessors, and in particular may
make rule providing for the summary determination of any appeal which
appears to the Tribunal to be frivolous or vexatious or to be brought for the
purpose of delay.
54.
The Tribunal may appoint any person with special expert knowledge to act as
an assessor in an advisory capacity in any case where it appears to such
Tribunal that such knowledge is required for the proper determination of the
case.
55.
Appeals under this Part, whether from decisions of the Registrar, or orders or
decisions of the Tribunal, shall be brought within three months after the date of
the decision or order in question or within such further time as the Tribunal or
High Court may allow upon application by the appellant concerned.
56.
When any matter to be decided by the Registrar under this Act appears to him
to involve a point of law or to be of unusual importance or complexity, he may,
after giving notice to the parties, refer such matter to the Tribunal for a
decision and shall thereafter, in relation to such matter act in accordance with
the decision of that Tribunal or any decision substituted therefore on appeal to
the High Court.
Right of audience.
Rules.
Assessors.
Time for appeals.
57.
In all legal proceedings relating to a registered trade mark (including
applications under section 37) the fact that a person is registered as proprietor
of the trade mark shall be prima facie evidence of the validity of the original
registration of the trade mark and of all subsequent assignments and
transmissions thereof.
References
Tribunal
Registrar.
to
by
Registration to be
prima
facie
evidence
of
validity.