ss 60–64 (a) confirm, set aside or vary the order or decision in question; (b) exercise any of the powers which could have been exercised by the Registrar in proceedings in connection with which the appeal is brought; (c) make such order as to costs as it may think fit. (6) For the purposes of this Act, the Tribunal shall sit at such times and places as it may determine. (7) In any proceedings before it under this Part, the Tribunal may— (a) accept evidence by affidavit or take oral evidence on oath; and (b) allow any witness to be cross-examined on his affidavit or oral evidence. (8) The Tribunal shall, in any inquiry held by it in terms of this section, record the proceedings and any evidence heard by it and the decision made by it and the reasons therefor. 65 Right of audience In any proceedings before the Tribunal under this Act— (a) the parties to such proceedings may appear in person or be represented and appear by a legal practitioner; and (b) where the Tribunal deems fit, it may grant to the Registrar leave to intervene, and he may thereafter appear or be represented as provided in paragraph (a). 66 Rules (1) The Minister may make rules for regulating generally the practice and procedure of the Tribunal for the purposes of this Act and, with respect to appeals or references to the Tribunal under this Act, as to— (a) the time within which any requirement of the rules is to be complied with; (b) the costs and expenses of and incidental to any proceedings before the Tribunal; (c) the fees to be charged in respect of proceedings before the Tribunal; (d) the fees to be paid to assessors. (2) Rules made in terms of subsection (1) may provide for the summary determination of any appeal which appears to the Tribunal to be frivolous or vexatious or to be brought for the purpose of delay. TRADE MARKS ACT 69 References to Tribunal by Registrar (1) When any matter to be decided by the Registrar under this Act appears to him to involve a point of law or to be of unusual importance or complexity, he may, after giving notice to the parties, refer such matter to the Tribunal for a decision and shall thereafter, in relation to such matter, act in accordance with the decision of the Tribunal or any decision substituted therefor on appeal to the Supreme Court. 67 Assessors The Tribunal may appoint any person with special expert knowledge to act as an assessor in an advisory capacity in any case where it appears to the Tribunal that such knowledge is required for the proper determination of the case. 68 Time for appeals Appeals under this Part, whether from decisions of the Registrar or orders or decisions of the Tribunal, shall be brought within two months after the date of the decision or order in question or within such further time as the Tribunal or Supreme Court to which the appeal is brought may allow upon application by the appellant concerned. [Chapter 26:04] 114

Select target paragraph3

Add to table of contents