LAWS OF MALAWI
Patents
(Subsidiary)
17.
(1) All evidence shall be by affidavit unless otherwise directed by the Tribunal.
(2)
18.
Cap. 49:02
Patents Tribunal Rules
Evidence
affidavit.
by
Whenever a time is specified in this Part within which any act or thing
is to be done, the Registrar of Patents, may, on application made to
him in writing, extend the time either before or after its expiration or
within any extended period.
If the applicant notifies the Tribunal that he does not desire to proceed with an
application, the Tribunal in deciding whether costs should be awarded to the
other party shall consider whether proceedings might have been avoided if
such other party had given reasonable notice to the applicant before the
application to the Tribunal was filed.
Costs.
PART III
PATENT AGENTS
19.
(1) Every person applying under section 69(2) of the Act for an order to
remove the name of any patent agent from the register of patent agents or to
suspend any patent from practicing as such shall make application in that
behalf to the Tribunal, and such application, accompanied by affidavits of the
facts upon which it is based, shall be filed with the registrar of the Tribunal.
(2)
A copy of the application and of the accompanying affidavits shall be
served upon the patent agent concerned, who within one month after
receipt thereof shall notify the registrar of the Tribunal in writing
whether he wishes to adduce evidence and to be heard by the
Tribunal.
(3)
Thereafter the registrar of the Tribunal, after consultation with the
Chairman, shall appoint a time for the hearing of the application and
shall give the parties and the Registrar of Patents at least fourteen
days’ notice of the appointment.
(4)
If, after due inquiry into the allegations made, the Tribunal is satisfied
that the patent agent concerned has been guilty of conduct
discreditable to a patent agent or has been guilty of a breach of any
regulation prescribed for the conduct of patent agents, the Tribunal
shall make such order therein as it considers just.
Procedure under
section 69 (2).
PART IV
TAXATON OF COSTS
20.
The registrar of the Tribunal shall be the Taxing Officer for the purpose of
taxing a bill of costs of a legal practitioner, and in the taxation of costs shall
comply with such instructions as may from time to time be given to him by the
Tribunal for that purpose.
75
Registrar
of
Patents Tribunal
to
be
Taxing
Officer.