LAWS OF MALAWI
Trade marks
Trade Marks (Tribunal) Rules
Cap. 49:01
(Subsidiary)
(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 Trade Marks
and to any other party appointed 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.
(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.
Evidence.
6.
Subject to section 51(7) of the Act, the evidence used on appeal to the Tribunal
shall be the same as that used before the Registrar of Trade Marks, 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 65 of the Act any party may, at any time before the
hearing of n 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.
Attendance
witnesses.
of
Security on appeal.
(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 than four days’
notice of such application to the other party.
(4)
In the even of the 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.