LAWS OF MALAWI Registered Designs Registered Designs(Tribunal) Rules Cap. 49:05 [Subsidiary] PART II APPLICATIONS 11. (1) Any reference to the Tribunal under section 21 by a party to a dispute (hereinafter referred to as the “the claimant”) shall be made in from DT. No. 4 and shall be filed with the Registrar of Designs. (2) The claimant shall by affidavit verify the facts upon which he relies and shall state fully the nature of his interest in the matter in dispute and the relief which he seeks. (3) The claimant shall serve a copy of his claim and of the relevant affidavit upon the other party to the dispute. (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 counterstatement and of such affidavit. (5) Proof of service shall be furnished to the satisfaction of the Registrar of Designs. (6) When this rule has been complied with to the extent herein required, the Registrar of Designs shall hand all relevant papers to the registrar of the Tribunal. (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 hearing of oral evidence, and the Tribunal shall make such order as it deems fit. Dispute as to Government use. 12. An application for the rectification of the register under section 24 shall be made to the Tribunal in form DT. 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 register of 13. (1) When the registrar of the Tribunal has received from the Registrar of Designs the papers of written proceedings in relation to any application or other matter made to the Tribunal under the Act, he shall, after taking directions form the Chairman, 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 applications of (2) After hearing the party or parties desiring to be heard, or, if none of the parties desires to heard, then without a hearing, the Tribunal shall decide the case and notify its decision to the parties. 85

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