The Laws of Zambia
(4) The other party shall within two months from the date of receipt of such copy
deliver to the Registrar of Designs a counter-statement, verified by affidavit, setting out
fully the nature of his interest and the facts upon which he relies, and shall at the same
time serve upon the claimant a copy of the counter-statement and of such affidavit.
(5) Proof of service shall be furnished to the satisfaction of the Registrar of Designs.
(6) When the provisions of this rule have been complied with to the extent herein
required, the Registrar of Designs shall hand all relevant papers to the registrar of the
High Court.
(7) Any party to the dispute may at any time during the proceedings under this rule
make application to the Tribunal for an order for the hearing of oral evidence, and the
Tribunal shall make such order as it deems fit.
12. An application for the rectification of the register under section twenty-four shall
be made to the Tribunal in Form D.T. No. 5 and a copy thereof shall be served on the
Registrar of Designs and on any other person appearing from the register to be interested
in the design.
Rectification of register
13. (1) When the registrar of the Tribunal has received from the Registrar of
Designs the papers or written proceedings in relation to any application or other matter
made to the High Court under the provisions of the Act, he shall, after taking directions
from the High Court, appoint a time and place for the hearing of the case, and shall give
the parties at least fourteen days' notice of the appointment.
Hearing of applications
(2) After hearing the party or parties desiring to be heard or, if none of the parties
desires to be heard, then without a hearing, the High Court shall decide the case and
notify its decision to the parties.
14. (1) All evidence shall be by affidavit unless otherwise directed by the High
Court.
Evidence by affidavit
(2) Whenever a time is specified in this Part within which any act or thing is to be
done, the Registrar of Designs may, on application made to him in writing, extend the time
either before or after its expiration or within any extended period.
15. If the applicant notifies the High Court that he does not desire to proceed with
an application, the High Court in deciding whether costs should be awarded to the other
party shall consider whether proceedings might have been avoided if such other party had
given reasonable notice to the applicant before the application to the High Court was filed.
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Costs
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