32.
(1)
Evidence at any hearing before the Tribunal shall be given orally or, if
the parties agree or the Tribunal so orders, by affidavit, but the
Tribunal may at any stage of the proceedings require the personal
attendance of any deponent for examination and cross-examination.
(2)
The provision of regulation 27 (3), in so far as he relate to the
attendance of witnesses or their failure to attend on a subpoena or
order by the Tribunal, shall apply to any witness so subpoenaed or
ordered to attend.
Right of audience
In any proceedings before the Tribunal any party may appear and be heard
either in person or by counsel or attorney or patent attorney or patent agent.
33.
Withdrawal of reference or application
By notice in writing served on the Registrar and on all parties to the
proceedings, a reference under section 31 or 32 or an application under
section 33 may be withdrawn at any time before it has been finally disposed
of, but such withdrawal shall be without prejudice to the Tribunal's power to
make an order concerning the payment of costs incurred up to the time of
service of the notice: Provided that the Tribunal may proceed with a reference
on the application of the licensing, body named therein, notwithstanding the
purported withdrawal of the reference by any other party thereto.
34.
35.
Decisions of the Tribunal
(1)
The final decision of the Tribunal on every reference under section 31
or 32 and on every application under section 33 shall be given in
writing and shall include a statement of the Tribunal's reasons.
(2)
Except where the operation of the order is suspended under
regulation 35 (4), the Registrar shall send every party to the
proceedings a copy of the Tribunal's decision and shall cause a copy
to be made available at the office or public inspection.
(3)
The Registrar may in any case arrange that particulars of the decision
shall be advertised in the Patents Journal published under section 14
of the Patents Act, 1978.
Application for reference of question of law to Court
(1)
An intended application to bring under review in terms of section 36
any decision, ruling or order by the Tribunal shall (unless made at the
hearing) be made by notice in writing to the Registrar and may be
made at any time within 90 days after the Tribunal has given its
decision in the proceedings in which the question arose.
(2)
Such notice shall be served on all the parties interested in the
application who may in any such application be heard by the Court.
(3)
The set-down for hearing of any matter shall be in accordance with the
Uniform Rules of Court of the Supreme Court of South Africa.