LAWS OF MALAWI
Trade marks
65.
Cap. 49:01
(1) When a party to proceedings before the Registrar or the Tribunal or an
appellant is resident outside Malawi, the Registrar or the Tribunal may order
such party or appellant to give security, within such time as may be directed,
for the costs of the proceedings or appeal.
(2)
If the party or appellant ordered to give security for costs fails to do so
within the time directed, the Registrar or the Tribunal may treat the
proceedings or appeal as abandoned.
(3)
Where a bond is to be given as security for costs, it shall, unless the
Registrar or the Tribunal otherwise directs, be given to the party
requiring the security.
(4)
Unless otherwise agreed between the parties, any costs awarded in
terms of section 51(5) shall be taxed by the Registrar of the Tribunal
in accordance with rules made under this Part which taxation shall be
subject to appeal to the Tribunal, and any such costs may be recovered
by action in a court of competent jurisdiction.
Security for costs
and taxation of
costs.
Costs of Registrar.
66.
67.
In all proceedings before the Tribunal under this Act, the costs of the Registrar
shall be in the discretion of the Tribunal, but the Registrar shall not be ordered
to pay the costs of any other of the parties.
(1) Any party to any proceedings before the Tribunal may appeal in accordance
with rules made under this Part from any order or decision of such Tribunal to
the High Court.
(2)
Upon the hearing of an appeal under the provisions of this section, the
High Court may, without prejudice to its other powers:
(a)
confirm, set aside or vary the order of decision in question;
(b)
remit the proceedings to the Tribunal with such instructions
for further consideration, report, proceedings or evidence as
the High Court may think fit to give;
(c)
exercise any of the powers which could have been exercised
by the Tribunal in the proceedings in connection with which
the appeal is brought.
(d)
Make such order it may think just as to the costs of the
appeal or of earlier proceedings in the matter before the
Tribunal.
Appeals to High
Court.
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