CHAPTER 26:08

INTELLECTUAL PROPERTY TRIBUNAL ACT

Act 5/2001, 22/2001 (s. 4), 32/2004 (s. 6).

(TheIntellectualPropertyTribunalAct[Chapter26:08](No.5of 2001)willcomeintooperationonadatetobefixedbythePresident.)

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title and date of commencement.

PART II

ESTABLISHMENT AND COMPOSITION OF INTELLECTUALPROPERTY TRIBUNAL

3. Establishment and nature of Intellectual Property Tribunal.
4. Composition of Tribunal.
5. Exercise of jurisdiction of Tribunal.

PART III

JURISDICTION AND POWERS OF TRIBUNAL

7. Jurisdiction of Tribunal.
8. Powers of Tribunal.

PART IV

PROCEDURE ANDEVIDENCE

10. Proceedings to be in public.
11. Representation of parties.
12. Procedure of Tribunal: power to make rules.

PART V

REGISTRAR OF TRIBUNAL AND RECORD OFPROCEEDINGS

14. Registrar of Tribunal and other officers.
15. Record of proceedings of Tribunal.

PART VI

APPEALS

16. Appeal to Supreme Court from decision of Tribunal.
17. Powers of Supreme Court on appeal.

PART VII

GENERAL

18. Times and places of sitting of Tribunal.
19. Evidence of decisions of Tribunal.
20. Witness failing to attend Tribunal or to be sworn or give evidence.
21. Witness giving false evidence.
22. Transitional provisions.

AN ACT to provide for the establishment, functions and powers of the Intellectual Property Tribunal and to provide for matters connected therewith or incidental thereto.

[Date of commencement: Not yet in operation.]

PART I

PRELIMINARY

                       1    Short title and date of commencement

• This Act may be cited as the Intellectual Property Tribunal Act [Chapter 26:08].
• This Act shall come into operation on a date to be fixed by the President by statutory instrument.

                       2    Interpretation

In this Act—

“appropriate enactment” means—

• the Industrial Designs Act [Chapter 26:02], in relation to any matter before the Tribunal or Supreme Court in terms of that Act;
• the Patents Act [Chapter 26:03], in relation to any matter before the Tribunal or the Supreme Court in terms of that Act;
• the Trade Marks Act [Chapter 26:04], in relation to any matter before the Tribunal or the Supreme Court in terms of that Act;
• the Copyright and Neighbouring Rights Act [Chapter 26:05], in relation to any matter before the Tribunal or the Supreme Court in terms of that Act;
• the Geographical Indications Act [Chapter 26:06], in relation to any matter before the Tribunal or the Supreme Court in terms of that Act;
• the Integrated Circuit Layout-Designs Act [Chapter 26:07], in relation to any matter before the Tribunal or the Supreme Court in terms of that Act;

“assessor” means an assessor appointed in terms of section six;

“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“President of the Tribunal” means a President of the Tribunal appointed in terms of section four; “Registrar” means the Registrar of the Tribunal referred to in section fourteen;

“Tribunal” means the Intellectual Property Tribunal established by section three.

PART II

ESTABLISHMENT AND COMPOSITION OF INTELLECTUALPROPERTY TRIBUNAL

                       3    Establishment and nature of Intellectual Property Tribunal

• There is hereby established a tribunal, to be known as the Intellectual Property Tribunal, for the purpose of hearing and determining references, applications, appeals and other matters in terms of the Industrial Designs Act [Chapter 26:02], the Patents Act [Chapter 26:03], the Trade Marks Act [Chapter 26:04], the Copyright and Neighbouring Rights Act [Chapter 26:05], the Geographical Indications Act [Chapter 26:06] or the Integrated Circuit Layout-Designs Act [Chapter 26:07].
• The Tribunal shall be a court of record.

                       4    Presidents of Tribunal

The Chief Justice shall appoint one or more judges of the High Court to be President or Presidents, as the case may be, of the Tribunal.

[Section substituted by section 6 of Act 32 of 2004.]

                       5    Composition of Tribunal

The Tribunal’s jurisdiction may be exercised by a President of the Tribunal sitting alone or with one or more assessors appointed in terms of section six.

[Section substituted by section 6 of Act 32 of 2004.]

                       6    Assessors

• Subject to this section, a President or Presidents of the Tribunal may appoint two persons from the appropriate list of persons referred to in subsection (2) to assist as assessors in determining any matter that is required to be determined in any case before the Tribunal.