(d)
the summary determination of any appeal which appears to the
High Court or the Supreme Court, as the case may be, to be frivolous or
vexatious or to be brought for the purpose of delay.
(As amended by Act No. 16 of 1980)
39. Appeals under this Part, whether from decisions of the Registrar or Time for
orders or decisions of the High Court, shall be brought within three
appeals
months after the date of the decision or order in question, or within such
further time as the High Court or Supreme Court may allow upon
application by the appellant concerned.
40. When any matter to be decided by the Registrar under this Act
References to
appears to him to involve a point of law or to be of unusual importance High Court by
or complexity, he may, after giving notice to the parties, refer such
Registrar
matter to the High Court for a decision and shall thereafter, in relation to
such matter, act in accordance with the decision of the High Court or
any decision substituted therefor on appeal to the Supreme Court.
(As amended by Act No. 16 of 1980)
41. In any legal proceeding in which the validity of the registration of a Certification of
design is contested and is decided in favour of the registered proprietor validity
of the design, the High Court or Supreme Court may certify to that effect
and, if it is so certifies, then, in any subsequent legal proceeding in
which the validity of the registration comes into question, the registered
proprietor of the design, on obtaining a final order or judgment in his
favour, shall have his full costs, charges and expenses as between
solicitor and client, unless in that subsequent proceeding the High Court
or Supreme Court directs that he ought not to have them.
(As amended by G.N. No. 187 of 1964
and Act No. 16 of 1980)
42. Any action or legal proceeding relating to the infringement of
copyright in a registered design shall be brought in the High Court.
(As amended by G.N. No. 187 of 1964)
43. (1) Where any person (whether entitled to or interested in a
registered design or an application for registration of a design or not) by
circulars, advertisements or otherwise threatens any other person with
proceedings for infringement of the copyright in a registered design, any
Infringement
action to be
heard in High
Court
Remedy for
groundless
threats of
infringement