LAWS OF MALAWI
Patents
(Subsidiary)
Cap. 49:02
Patents Tribunal Rules
(4)
In the taxation of costs between party and party no amount shall be
allowed for any witness whether for attendance or traveling expenses
unless there is produced to the Taxing Officer proof that such amount
has already been paid or tendered to or claimed by such witness.
(5)
In the taxation of costs between party and party nothing shall be
allowed for any witness not examined unless upon proof that his
evidence might reasonably have been believed to be material and
necessary.
(6)
If the number of witnesses summoned, or if the number of affidavits
filed, is manifestly greater than is reasonably necessary, there shall
only be allowed against the other party the charges for such witnesses
or affidavits as were reasonably necessary.
(7)
In the taxation of costs between party and party no amount shall be
allowed for any witness in respect of personal attendance or traveling
expenses if the fact or facts which such witness is subpoenaed to
prove have before the issue of such subpoena, been admitted to the
party taking out the subpoena by the opposite party:
Provided that such admission shall be in writing, singed by the party making it
or his legal practitioner acting on his behalf.
(8)
24.
25.
When the same person is a witness I more cases than one heard on the
same day, he shall be entitled to no more than one fee for personal
attendance and one allowance for traveling expenses, which shall be
equally divided between such cases.
(1) In all cases where a notice of taxation is necessary seven days’ notice
together with a copy of the bill of costs shall be given by the legal practitioner
on behalf of the party whose costs are to be taxed to the other party or to the
legal practitioner of such other party.
(2)
When the dwelling house or place of business of the party against
whom costs are to be taxed is more than thirty-six miles from the seat
of the Tribunal, the time for the service of such notice shall be
extended to fourteen days.
(3)
In the taxation of costs, the notice of taxation with a copy of the bill of
costs may be transmitted by registered post to the party appearing in
person.
Any party aggrieved by the decision of the Taxing Officer may apply to the
Tribunal within four weeks after the taxation to review such taxation. Copies
of the application shall be served on the Taxing Officer and on the opposite
party. The application shall specify the items forming the subject of the
grievance but the grounds upon which such items are sought to be reviewed
shall not require to be verified by affidavit.
77
Taxation of costs.
Review of decision
of Taxing Officer.