LAWS OF MALAWI
Patents
(Subsidiary)
4.
5.
Cap. 49:02
Patents Tribunal Rules
(6.)
The Registrar of Patents, after consultation with the register of the
Tribunal, shall direct the number of copies of the record to be
prepared, having regard to whether or not one or more assessors are
likely to sit upon the hearing of the appeal.
(7.)
After the completion of the preparation of the record the Registrar of
Patents shall certify the record to be correct and forward it to the
registrar of the Tribunal together with such copies thereof as he has
directed to be prepared in terms of sub-rule (6).
(1) Any application for an extension of time in which to appeal shall be in form
PT No. 2 and shall state briefly the grounds upon which the application is
based and where facts are alleged such facts shall be verified by affidavit.
(2)
The application accompanied by supporting documents shall be
delivered to the registrar of the Tribunal and copies shall forthwith be
served by the appellant on the Registrar of Patents and on any person
or persons who appeared or gave notice of opposition in the
proceedings before the said Registrar.
(3)
The respondent shall be entitled to file an affidavit in reply within
fourteen days from the date of service or within such longer period as
may be ordered by the Tribunal, and the Tribunal may permit further
affidavits to be filed. Copies of such affidavits shall be served on the
Registrar of Patents and on the appellant or the respondent, as the case
may be, immediately after the affidavits are filed.
(1) The registrar of the Tribunal shall, after obtaining directions from the
Chairman, give to the Registrar of Patents, to the appellant and to any opposing
party not less than fourteen days’ notice of the time and place appointed for the
hearing of the appeal, unless the Chairman directs that shorter notice shall be
given.
(2)
In any case where the setting down of the hearing of an appeal has
been delayed any party may apply to the registrar of the Tribunal to
fix a date for the hearing, and thereupon the registrar of the Tribunal,
after consulting any other party and the Chairman, shall set down the
appeal for hearing after having given to the Registrar of Patents and to
any other party not less than fourteen days’ notice or such shorter
notice of the time and place appointed for the hearing of the appeal as
directed by the Chairman.
(3)
If in the opinion of the registrar of the Tribunal an appeal is not being
prosecuted timeously he may lay the matter before the Chairman for
directions and, if the Chairman is satisfied that the parties do not
intend or are unable to proceed with the appeal, he may direct that the
parties attend before him to show cause why the appeal should not be
dismissed.
70
Application for an
extension of time in
which to appeal.
Notice of hearing