LAWS OF MALAWI Patents Cap. 49:02 (Subsidiary) 6. Patents Tribunal Rules Subject to section 75(4) of the Act the evidence used on appeal to the Tribunal shall be the same as that used before the Registrar of Patents and no further evidence shall be given, except with the leave of the Tribunal. The Tribunal may, at the request of any party, order the attendance at the hearing for the purpose of cross-examination of any person who has given evidence in the matter to which the appeal relates. (1) Subject to section 77 of the Act any party may, at any time before the hearing of an appeal, apply to the Tribunal for an order that any opposing party shall, within such time, in such amount and in such manner Evidence. Attendance witnesses. of Security on appeal. as the Tribunal directs, give security for the payment of any costs which such opposing party may be ordered to pay. (2) The party applying for an order for security for costs shall serve upon the opposing party a copy of the notice of the application for security at least seven days before the date of the hearing thereof. (3) Any party ordered to give security for costs in terms of this rule may apply to the Tribunal for an order extending the time within which any security is to be given, and shall give not less that four days’ notice of such application to the other party. (4) In the event of the security not being given or being only partly given within the time directed by the Tribunal or any extension thereof, all proceedings in the appeal shall be deemed to be stayed, unless the Tribunal otherwise orders, and the appeal shall be set down for such order, whether of dismissal or otherwise, as the Tribunal may think fit. (1) An appellant may at any time abandon his appeal by giving notice of abandonment in form PT No. 3 to the registrar of the Tribunal and upon such notice being given the appeal shall be deemed to have been dismissed by the Tribunal. 10. (2) The appellant shall serve a copy of the notice of abandonment on the respondent and on the Registrar of Patents. (3) The respondent may, upon receipt of such notice, apply Tribunal for an order in respect of any costs incurred by him. to the If it appears to the Tribunal that any notice of appeal against a decision of the Registrar of Patents discloses grounds of appeal which are frivolous or vexatious and that the appeal can be determined without a hearing, the Tribunal may dismiss the appeal summarily without calling on any person to attend the hearing of such appeal. 71 Abandonment — or failure to prosecute appeal. Frivolous or vexatious appeals.