LAWS OF MALAWI 

Registered Designs

33.	

34.	

Registered Designs

Cap. 49:05

In all proceedings before the Registrar under this Act, the Registrar shall have power to award to
any party such costs as he may consider reasonable and to direct how and by what parties they are
to be paid. Any costs awarded by the Registrar shall be taxed by the registrar of the Tribunal and
payment thereof may be enforced in the same manner as if they were costs allowed by the
Tribunal

Power of Registrar
to award costs

The Registrar may in any proceeding held before him decide the hours, times and places at which
he will sit and he may adjourn any proceedings for such time and to such place as he may think
fit.

Power of Registrar
To fix time and place
of sitting etc.

PART VIII
APPEALS AND LEGAL PROCEEDINGS

35.	

(1) Where this Act provides for an appeal from a decision of the Registrar, such appeal shall be
made to the Tribunal. 	
(2) 	

The Tribunal shall in connection with any proceedings before it under this Act have all
the powers of the High Court and without prejudice to the foregoing and to the other
powers conferred upon it by this Act the Tribunal shall have power to make any order
for the purpose of securing the attendance of any person, the discovery or production of
any documents, or the investigation or punishment of any contempt of court which the
High Court has power to make.

(3) 	

The procedure and practice of the Tribunal shall, save as otherwise provided for by rules
made under this Part, be those prevailing in the High Court, in so far as the same are
applicable, and if any matter should arise which is not contemplated b such procedure,
practice or rules, the Tribunal may give instructions regarding the course to be pursued
which instructions shall be binding on all parties.

(4)	

Upon appeal to the Tribunal, the Tribunal may (a) 	

confirm, set aside or vary the order or decision in question;

(b) 	

exercise any of the powers which could have been exercised by the Registrar in
proceedings in connection with which the appeal is brought.

(c) 	

make such order as to costs as it may think fit.

(5) 	

For the purpose of this Act, the Tribunal shall sit at such times and places as it may
appoint.

(6) 	

In any proceedings before it, the Tribunal may, subject to section 55, accept evidence by
affidavit or take oral evidence on oath and allow any witness to be cross-examined on
his affidavit or oral evidence.

20


Patents Tribunal
to hear appeals

Select target paragraph3