Page:Copyright Regulations 1978 from Government Gazette.djvu/14

 Right of audience

32. In any proceedings before the Tribunal any party may appear and be heard either in person or by counsel or attorney or patent attorney or patent agent.

Withdrawal of reference or application

33. By notice in writing served on the Registrar and on all parties to the proceedings, a reference under section 31 or 32 or an application under section 33 may be withdrawn at any time before it has been finally disposed of, but such withdrawal shall be without prejudice to the Tribunal's power to make an order concerning the payment of costs incurred up to the time of service of the notice: Provided that the Tribunal may proceed with a reference on the application of the licensing body named therein, notwithstanding the purported withdrawal of the reference by any other party thereto.

Decisions of the Tribunal

34. (1) The final decision of the Tribunal on every reference under section 31 or 32 and on every application under section 33 shall be given in writing and shall include a statement of the Tribunal's reasons.

(2) Except where the operation of the order is suspended under regulation 35 (4), the Registrar shall send every party to the proceedings a copy of the Tribunal's decision and shall cause a copy to be made available at the office for public inspection.

(3) The Registrar may in any case arrange that particulars of the decision shall be advertised in the Patents Journal published under section 14 of the Patents Act, 1978.

Application for reference of question of law to Court

35. (1) An intended application to bring under review in terms of section 36 any decision, ruling or order by the Tribunal shall (unless made at the hearing) be made by notice in writing to the Registrar and may be made at any time within 90 days after the Tribunal has given its decision in the proceedings in which the question arose.

(2) Such notice shall be served on all the parties interested in the application who may in any such application be heard by the Court.

(3) The set-down for hearing of any matter shall be in accordance with the Uniform Rules of Court of the Supreme Court of South Africa.

(4) The Tribunal may, during the hearing of any matter by the Supreme Court, suspend the operation of any decision, ruling or order made by it until the Supreme Court has finally decided any such matter. Such a suspension shall not exceed a period of six months from the date of the Tribunal's decision, unless the Tribunal, on the application of the parties, extends such period.

Costs

36. (1) The costs of and incidental to any proceedings shall be in the discretion of the Tribunal, which may direct that any party against whom an order for costs is made shall pay to any other party a lump sum by way of costs or such proportion of the costs as it may deem just.