Page:Trade Marks Ordinance (Cap. 559).pdf/54

TRADE MARKS ORDINANCE (2) Unless the court otherwise directs, any appeal under this Ordinance which concerns an application for registration of a trade mark shall be heard in public.

(3) In any appeal under this Ordinance—
 * (a) the Registrar shall be entitled to appear and be represented and be heard in support of his decision or order; and
 * (b) the Registrar shall appear if so directed by the court.

(4) In this section, “decision” (決定) includes any act of the Registrar made in the exercise of a discretion vested in him by or under this Ordinance.

85. General powers of court

The court may, for the purpose of determining any question in the exercise of its original or appellate jurisdiction under this Ordinance, make any order or exercise any other power which the Registrar could have made or exercised for the purpose of determining that question.

86. Costs of proceedings before court

(1) In all proceedings before the court under this Ordinance the court may award to any party such costs as it may consider reasonable.

(2) If in any such proceedings the court directs that any costs of one party shall be paid by another party, the court may settle the amount of the costs by fixing a lump sum or may direct that the costs shall be taxed on a scale specified by the court, being a scale of costs prescribed by rules of court.

87. Costs of proceedings before Registrar

(1) The Registrar may, in proceedings before him under this Ordinance, by order award to any party such costs as he may consider reasonable and direct how and by what parties they are to be paid.

(2) Any costs awarded under this section shall, if the court so orders, be recoverable by execution issued from the court as if they were payable under an order of that court.

(3) Provision may be made by the rules—
 * (a) to empower the Registrar, in such cases as may be prescribed, to require a party to any proceedings before him to give security for costs in relation to those proceedings; and
 * (b) as to the consequences if security is not given.