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

Chapter III : Powers and duties of Registrar and Commissioner

19. Procedure in connection with proceedings before commissioner to be in accordance with Supreme court procedure

 

 

(1) Save as is otherwise provided in this Act, the procedure in connection with any proceedings before the commissioner shall, as far as practicable, be in accordance with the law governing procedure in civil cases in the Transvaal Provincial Division of the Supreme Court of South Africa, and in default thereof and where no relevant provision is made in this Act, the commissioner shall act in such manner and on such principles as he may deem best fitted to do substantial justice and to give effect to and carry out the objects and provisions of this Act.

 

(2) Subject to the provisions of section 17(3), any decision or order of the commissioner, including any order as to costs, shall have the same effect and shall for all purposes be deemed to be a decision or order of the Transvaal Provincial Division of the Supreme Court.

 

(3) A party to any proceedings before the commissioner may appear in person or be represented thereat by—
(a) an advocate;
(b) an agent; or
(c) an attorney who has been granted the right of appearance in the High Court in terms of section 4 of the Right of Appearance in Courts Act, 1995 (Act No. 62 of 1995).

[Sub-section (3) substituted by section 1 of Act No. 10 of 2001.]