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]
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