LAWS OF MALAWI Registered Designs 36. 37. 38. 39. 40. Registered Designs Cap. 49:05 In any proceedings before the Tribunal under this Act, the parties to such proceedings may appear in person, or be represented and appear by a legal practitioner, and in any case where the Tribunal deems fit it may grant to the Registrar leave to intervene and he may thereafter appear or be so represented. Right of audience 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 such Tribunal that such knowledge is required for the proper determination of the case. Assessors The Minister may make rules for regulating generally the practice and procedure of the Tribunal and with respect to appeals or references to such Tribunal as to the time within which any requirement of the rules is to be complied with, as to costs and expenses of and incidental to any proceedings in such Tribunal, as to the fees to be paid to assessors, and in particular may make rules providing 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. Rules Appeals under this Part, whether from decisions of the Registrar or orders or decisions of the Tribunal, shall be brought within three months after the date of the decision or order in question, or within such further time as the Tribunal or Court may allow upon application by the appellant concerned. Time for appeals 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 therefore on appeal to References to Tribunal any court. By Registrar 41. In any legal proceedings in which the validity of the registration of a design is contested and is decided in favour of the registered proprietor of the design, the Tribunal or Court may certify to that effect and, if it so certifies, then, in any subsequent legal proceeding in which the validity of the registration comes into question, the registered proprietor of the design, on obtaining a final order or judgment in his favour, shall have his full costs, charges and expenses as between solicitor and client, unless in that subsequent proceeding the Tribunal or Court directs that he Certification of validity ought not to have them 42. Any action or legal proceeding relating to the infringement in Malawi of copyright in a registered Infringement action design shall be brought in the High Court. To be heard in High Court 43. (1) Where any person (whether entitled to or interested in a registered design or an application for registration of a design or not) by circulars, advertisements or otherwise threatens any other person with proceedings for infringement of the copyright in a registered design, any person aggrieved thereby may bring an action against him in the High Court for any such relief as is Remedy for groundless threats mentioned in subsection (2). of infringement proceedings 21