LAWS OF MALAWI
Patents
(Subsidiary)
21.
Cap. 49:02
Patents Tribunal Rules
(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, 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 these Rules 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.
22.
In the taxation of costs the Taxing Officer shall be guided as far as the
circumstances of each particular case will permit, by the scale of fees
prescribed in rule 35. In addition to these charges all disbursements shall be
separately charged and shall be allowed by the Taxing Officer when
reasonable.
23.
(1) Witnesses requiring payment shall be paid for their attendance and
traveling in accordance with rule 34.
(2)
The charges for witnesses as fixed by rule 34 are to be considered as
payable to the witness by the party who summoned or produced him,
and in the event of any such party being awarded his costs against any
other party the said charges shall be allowed against such other party
in the taxation of costs.
(3)
Any person applying to the registrar of the Tribunal for the issue of a
subpoena to compel the attendance of any witness shall by
endorsement of such subpoena give an undertaking that all expenses
due to the witness shall be tendered to such witness upon service of
the subpoena, failing which no subpoena shall issue. If upon service
of the subpoena all expenses due to such witness have not been paid
the subpoena shall have no force and effect.
76
Necessary
and
proper costs to be
allowed.
Scale of fees to be
followed.
Witnesses’ charges
and allowance.