LAWS OF MALAWI
Patents
(Subsidiary)
Cap. 49:02
Patents Tribunal Rules
6.
Subject to section 75(4) of the Act the evidence used on appeal to the Tribunal
shall be the same as that used before the Registrar of Patents and no further
evidence shall be given, except with the leave of the Tribunal.
7.
The Tribunal may, at the request of any party, order the attendance at the
hearing for the purpose of cross-examination of any person who has given
evidence in the matter to which the appeal relates.
8.
(1) Subject to section 77 of the Act any party may, at any time before the
hearing of an appeal, apply to the Tribunal for an order that any opposing party
shall, within such time, in such amount and in such manner as the Tribunal
directs, give security for the payment of any costs which such opposing party
may be ordered to pay.
9.
10.
(2)
The party applying for an order for security for costs shall serve upon
the opposing party a copy of the notice of the application for security
at least seven days before the date of the hearing thereof.
(3)
Any party ordered to give security for costs in terms of this rule may
apply to the Tribunal for an order extending the time within which
any security is to be given, and shall give not less that four days’
notice of such application to the other party.
(4)
In the event of the security not being given or being only partly given
within the time directed by the Tribunal or any extension thereof, all
proceedings in the appeal shall be deemed to be stayed, unless the
Tribunal otherwise orders, and the appeal shall be set down for such
order, whether of dismissal or otherwise, as the Tribunal may think
fit.
(1) An appellant may at any time abandon his appeal by giving notice of
abandonment in form PT No. 3 to the registrar of the Tribunal and upon such
notice being given the appeal shall be deemed to have been dismissed by the
Tribunal.
(2)
The appellant shall serve a copy of the notice of abandonment on the
respondent and on the Registrar of Patents.
(3)
The respondent may, upon receipt of such notice, apply to the
Tribunal for an order in respect of any costs incurred by him.
If it appears to the Tribunal that any notice of appeal against a decision of the
Registrar of Patents discloses grounds of appeal which are frivolous or
vexatious and that the appeal can be determined without a hearing, the Tribunal
may dismiss the appeal summarily without calling on any person to attend the
hearing of such appeal.
71
Evidence.
Attendance
witnesses.
of
Security on appeal.
Abandonment or
failure to prosecute
appeal.
Frivolous
or
vexatious appeals.