THE REGISTERED DESIGNS (HIGH COURT) RULES [ARRANGEMENT OF RULES]

PART I PRELIMINARY

Rule

1. Title
2. Interpretation

PART II
APPEALS

1. Entry of appeal
2. Application for an extension of time in which to appeal
3. Notice of hearing
4. Evidence
5. Attendance of witnesses
6. Security on appeal
7. Abandonment or failure to prosecute appeal
8. Frivolous or vexatious appeals

PART III APPLICATIONS

1. Dispute as to State use
2. Rectification of register
3. Hearing of applications
4. Evidence by affidavit
5. Costs

PART IV TAXATION OF COSTS

1. Registrar of High Court to be Taxing Officer
2. Necessary and proper costs to be allowed
3. Scale of fees to be followed
4. Witnesses' charges and allowances
5. Taxation of costs
6. Review of decision of Taxing Officer
7. Reference to Judge in Chambers

PRELIMINARY

1. These Rules may be cited as the Registered Designs (High Court) Title Rules.
2. In these Rules, unless the context otherwise requires-Interpretation

"Office" means the Designs Office;

"section" means a section of the Act.

PART II

APPEALS

3. (1) Any person who desires to appeal to the High Court from a Entry of appeal decision of the Registrar of Designs in any matter in which a right of appeal is given under the Act shall, within three months after the date of the decision, file with the registrar of the High Court a notice in Form

D.T. No. 1.

(2)

A notice of appeal shall state the nature of the decision appealed against and whether the appeal is from the whole or part only and, if so, what part of the decision, and shall be accompanied by a statement in writing of the appellant's grounds of appeal.

(3)

The appellant shall send a copy of the notice of appeal to the Registrar of Designs and to any person or persons who appeared or gave notice of opposition in the proceedings before the said Registrar.

(4)

The appellant shall be responsible for the preparation of the record which shall be certified by the Registrar of Designs as correct in terms of sub-rule (7).

(5)

The Registrar of Designs as well as the parties or their legal practitioners shall endeavour to exclude from the record all documents (more particularly such as are purely formal) that are not relevant to the subject-matter of the appeal, and generally to reduce the bulk of the record as far as practicable, and to avoid the production of unnecessary exhibits, taking special care to avoid the duplication of documents and the unnecessary repetition of headings, and furnish merely the formal particulars of documents; but the documents omitted to be copied shall be enumerated in a list to be placed after the index or at the end of the record.

(6)

The Registrar of Designs, after consultation with the registrar of the High Court shall direct the number of copies of the record to be prepared, having regard to whether or not one or more assessors are likely to sit upon the hearing of the appeal.

(7)

After the completion of the preparation of the record, the Registrar of Designs shall certify the record to be correct and forward it to the registrar of the High Court together with such copies thereof as he has directed to be prepared in terms of sub-rule (6).

4. (1) Any application for an extension of time in which to appeal shall be in Form D.T. No. 2 and shall state briefly the grounds upon which the application is based and, where facts are alleged, such facts shall be verified by affidavit.

(2)

The application accompanied by supporting documents shall be delivered to the registrar of the High Court and copies shall forthwith be served by the appellant on the Registrar of Designs and on any person or persons who appeared or gave notice of opposition in the proceedings before the said Registrar.

(3)

The respondent shall be entitled to file an affidavit in reply within fourteen days from the date of service or within such longer period as may be ordered by the High Court, and the Tribunal may permit further

Application for an extension of time in which to appeal affidavits to be filed. Copies of such affidavits shall be served on the Registrar of Designs and on the appellant or the respondent, as the case may be, immediately after the affidavits are filed.

5. (1) The registrar of the High Court shall, after obtaining directions from the High Court, give to the Registrar of Designs, to the appellant and to any opposing party not less than fourteen days' notice of the time and place appointed for the hearing of the appeal, unless the president of the Tribunal directs that shorter notice shall be given.

(2)

In any case where the setting down of the hearing of an appeal has been delayed, any party may apply to the registrar of the High Court to fix a date for the hearing, and thereupon the registrar of the High Court, after consulting any other party and the High Court, shall set down the appeal for hearing after having given to the Registrar of Designs and to any other party not less than fourteen days' notice or such shorter notice of the time and place appointed for the hearing of the appeal as directed by the High Court.

(3)

If in the opinion of the registrar of the High Court an appeal is not being prosecuted timeously, he may lay the matter before the High Court for directions and, if the High Court is satisfied that the parties do not intend or are unable to proceed with the appeal, he may direct that the parties attend before him to show cause why the appeal should not be dismissed.

1. Subject to the provisions of subsection (6) of section thirty-five, the evidence used on appeal to the High Court shall be the same as that used before the Registrar of Designs, and no further evidence shall be given except with the leave of the Court.
2. The High Court 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.
3. (1) Subject to the provisions of section forty-four, any party may, at any time before the hearing of an appeal, apply to the High Court for an order that any opposing party shall, within such time, in such amount and in such manner as the High Court directs, give security for the payment of any costs which such opposing party may be ordered to pay.

Notice of hearing

Evidence

Attendance of witnesses

Security on appeal

(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 High Court for an order extending the time within which any security is to be given, and shall give not less than 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 High Court or any extension thereof, all proceedings in the appeal shall be deemed to be stayed, unless the High Court otherwise orders, and the appeal shall be set down for such order, whether of dismissal or otherwise, as the High Court may think fit.

9. (1) An appellant may at any time abandon his appeal by giving notice of abandonment in Form D.T. No. 3 to the registrar of the High Court and, upon such notice being given, the appeal shall be deemed to have been dismissed by the High Court.

(2)

The appellant shall serve a copy of the notice of abandonment on the respondent and on the Registrar of Designs.

(3)

The respondent may, upon receipt of such notice, apply to the High Court for an order in respect of any costs incurred by him.

10. If it appears to the High Court that any notice of appeal against a decision of the Registrar of Designs discloses grounds of appeal which are frivolous or vexatious and that the appeal can be determined without a hearing, the High Court may dismiss the appeal summarily without calling on any person to attend the hearing of such appeal.

PART III

APPLICATIONS

Abandonment or failure to prosecute appeal

Frivolous or vexatious appeals 11. (1) Any reference to the High Court under section twenty-one by a party to a dispute (hereinafter referred to as "the claimant") shall be made in Form D.T. 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 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.

Dispute as to State use

Rectification of register

13. (1) When the registrar of the Tribunal has received from the Hearing of Registrar of Designs the papers or written proceedings in relation to any applications

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.

(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.

(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.

PART IV

TAXATION OF COSTS

1. The registrar of the High Court shall be the Taxing Officer for the purpose of taxing a bill of costs of a legal practitioner, and in the taxation of costs shall comply with such instructions as may from time to time be given to him by the High Court for that purpose.
2. (1) With a view to affording the party who has been awarded an order for costs a full indemnity for all costs reasonably incurred by him in relation to his application or opposition, and to ensure that all such costs shall be borne by the party against whom such order has been awarded by the High Court, the Taxing Officer shall on every taxation allow all such costs, charges and expenses as appear to him to have been

Evidence by affidavit

Costs

Registrar of Tribunal to be Taxing Officer

Necessary and proper costs to be allowed necessary or proper for the attainment of justice or for defending the rights of any party, but, save as against the party who incurred the same, no costs shall be allowed which appear to the Taxing Officer to have been incurred or increased through over-caution, negligence or mistake, or by payment of a special fee to counsel, unless the High Court otherwise orders, or special charges and expenses to witnesses or other persons or by other unusual expenses.

(2)

Upon the taxation of costs the Taxing Officer may, in determining the remuneration to be allowed, have regard to the skill, labour and responsibility involved, If, on having regard to the said matters, the Taxing Officer considers that there are special reasons why costs in excess of those prescribed in the Second Schedule should be allowed, he may, in respect of any particular application made or business done, allow such costs as seem to him reasonable and shall certify his decision in writing.

(3)

Any person aggrieved by the charges made by any legal practitioner in respect of work performed by him under the provisions of the Act may refer such charges to the Taxing Officer for taxation.

1. In the taxation of costs the Taxing Officer shall be guided, as far as the circumstances of each particular case will permit, by the scale of fees prescribed in Part IV of the Second Schedule. In addition to these charges, all disbursements shall be separately charged and shall be allowed by the Taxing Officer when reasonable.
2. (1) Witnesses requiring payment shall be paid for their attendance and travelling in accordance with the tariff prescribed in Part II of the Second Schedule.

(2)

The charges for witnesses as fixed by tariff are to be considered as payable to the witness by the party who summoned or produced him and, in the event of any such party being awarded his costs against any other party, the said charges shall be allowed against such other party in the taxation of costs.

(3)

Any person applying to the registrar of the Tribunal for the issue of a subpoena to compel the attendance of any witness shall by endorsement of such subpoena give an undertaking that all expenses due to the

Scale of fees to be followed

Witnesses' charges and allowances witness shall be tendered to such witness upon service of the subpoena, failing which no subpoena shall issue. If upon service of the subpoena all expenses due to such witness have not been paid the subpoena shall have no force and effect.

(4)

In the taxation of costs between party and party, no amount shall be allowed for any witness whether for attendance or travelling expenses unless there is produced to the Taxing Officer proof that such amount has already been paid or tendered to or claimed by such witness.

(5)

In the taxation of costs between party and party, nothing shall be allowed for any witness not examined unless upon proof that his evidence might reasonably have been believed to be material and necessary.

(6)

If the number of witnesses summoned, or if the number of affidavits filed, is manifestly greater than is reasonably necessary, there shall only be allowed against the other party the charges for such witnesses or affidavits as were reasonably necessary.

(7)

In the taxation of costs between party and party, no amount shall be allowed for any witness in respect of personal attendance or travelling expenses if the fact or facts which such witness is subpoenaed to prove have, before the issue of such subpoena, been admitted to the party taking out the subpoena by the opposite party:

Provided that such admission shall be in writing, signed by the party making it or his legal practitioner acting on his behalf.

(8)

When the same person is a witness in more cases than one heard on the same day, he shall be entitled to no more than one fee for personal attendance and one allowance for travelling expenses, which shall be equally divided between such cases.

20. (1) In all cases where a notice of taxation is necessary, seven days' notice together with a copy of the bill of costs shall be given by the legal practitioner on behalf of the party whose costs are to be taxed to the other party or to the legal practitioner of such other party.

Taxation of costs

(2)

When the dwelling-house or place of business of the party against whom costs are to be taxed is more than thirty-six miles from the seat of the High Court, the time for the service of such notice shall be extended to fourteen days.

(3)

In the taxation of costs, the notice of taxation with a copy of the bill of costs may be transmitted by registered post to the party appearing in person.

1. Any party aggrieved by the decision of the Taxing Officer may apply to the High Court within four weeks after the taxation to review such taxation. Copies of the application shall be served on the Taxing Officer and on the opposite party. The application shall specify the items forming the subject of the grievance but the grounds upon which such items are sought to be reviewed shall not require to be verified by affidavit.
2. The Taxing Officer may, without filing any formal documents, submit any point arising at a taxation for decision by a Judge in Chambers, and it shall be competent for the Taxing Officer and for the legal practitioners who appeared at the taxation to appear before the High Court respecting such point.

PART V