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

Chapter XIII : Appeals to Commissioner and the court

Purchase

(1)	Save as is otherwise provided in this Act, any party to proceedings before the commissioner may appeal against any order or decision of the commissioner pursuant to such proceedings.

[Sub-section (1) substituted by section 4(a) of Act No. 76 of 1988.]

(2)

(a)	Every appeal shall be noted and prosecuted in the manner prescribed by law for appeals against a civil order or decision of a single judge, and sections 20 and 21 of the Supreme Court Act, 1959 (Act No. 59 of 1959), shall apply mutatis mutandis.

[Paragraph (a) substituted by section 4(b) of Act No. 76 of 1988.]

(b)	The court may in relation to any such appeal—

(i)	confirm, vary or set aside the order or decision appealed against, as justice may require;

(ii)	if the record does not furnish sufficient evidence or information for the determination of the appeal, remit the matter to the commissioner with instructions in regard to the taking of further evidence or the setting out of further information;

(iii)

take any other course which may lead to the just, speedy and as far as may be possible inexpensive settlement of the case; and

(iv)	make such order as to costs as justice may require.

(3)	[Sub-section (3) deleted by section 4(c) of Act No. 76 of 1988.]

(4)	[Sub-section (4) deleted by section 4(c) of Act No. 76 of 1988.]

(5)	[Sub-section (5) deleted by section 4(c) of Act No. 76 of 1988.]