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Patents Act, 1978 (Act No. 57 of 1978)

Chapter III : Powers and duties of Registrar and Commissioner

17. General powers of commissioner

 

 

(1) Generally the commissioner shall in connection with any proceedings before him have all such powers and jurisdiction as a single judge has in a civil action before a provincial division of the Supreme Court of South Africa having jurisdiction at the place where the proceedings before the commissioner are held, including the appellate power referred to in section 75.

 

(2)

(a) The commissioner may also order that any party to proceedings before him shall furnish security to the satisfaction of the commissioner in respect of any costs which may be awarded against such party in those proceedings, and may refuse, until such security has been furnished, to permit such proceedings to be continued.
(b) The commissioner may have regard to the prospects of success or the bona fides of any such party in considering whether such security should be furnished.

 

(3) Any costs awarded by the commissioner shall be taxed by the registrar according to the prescribed tariff and any such taxation shall be subject to review by the commissioner, and payment of such costs as so taxed or, if reviewed, as so reviewed, may be enforced in the same manner as if they were costs allowed by the Transvaal Provincial Division of the Supreme Court of South Africa in civil proceedings.