Section 10: Jurisdiction of Tribunal

10. Jurisdiction of Tribunal (1) The Tribunal shall have jurisdiction to hear and determine an— (a) appeal by any person who feels aggrieved by any decision taken by the Controller, under any of the industrial property enactments, other than a decision under section 4 (1) (b); [Issue 1] P4 – 5 Patents, Industrial Designs and Trademarks Act (b) application by a person to the Tribunal for a ruling on the interpretation of any provision of any of the industrial property enactments; and (c) application under section 23 (1) (b) of this Act. (2) Any appeal to the Tribunal, under subsection (1) (a) shall be made within 28 days of the decision of the Controller. (3) The Tribunal shall sit at such time and place as the Chairperson may determine. (4) The Tribunal shall, subject to such regulations as may be prescribed, regulate its own proceedings and may— (a) make such orders for requiring the attendance of persons and the production of articles or documents, as it thinks necessary for the conduct of its business; and (b) take evidence on oath. (5) On the hearing of an appeal, the Tribunal may confirm, amend or cancel a decision made by the Controller or give such determination as it considers appropriate. (6) On the hearing of an appeal under subsection (1) (a) or an application under subsection (1) (c), the Tribunal shall, if necessary, hear the parties and shall make an order determining whether, and subject to what conditions or limitations as to the mode or place of use or otherwise, the grant of patent or registration of mark or industrial design, is to be permitted. (7) In proceedings under subsection (1) (a), no grounds of opposition to the registration or grant of an industrial property, other than those stated by the party in his notice of opposition, shall, except by leave of the Tribunal, be allowed to be taken by the party giving notice of opposition or the Controller. (8) Where, after the Tribunal has allowed any further ground of opposition, under subsection (7), the respondent decides to withdraw his application, he shall give notice to the Tribunal and any other party to the appeal accordingly within one month of the leave being granted, and no costs shall be awarded against him. (9) In any appeal under this section, the Tribunal may, after hearing the parties to the appeal, order that any industrial property proposed to be registered or granted, be modified in any manner not substantially affecting its identity. (10) Any trademark modified under subsection (9) shall be advertised by the applicant in the Government Gazette and in 2 daily newspapers, one of which shall be approved by the Controller, before being registered. (11) Where any party who has given notice of opposition or of appeal does not reside or carry on business, and does not possess property, in Mauritius, the Tribunal may require him to give security for costs of the proceedings before it relating to the opposition or appeal, and, in default of such security being given, may treat the opposition or appeal as abandoned. P4 – 6 [Issue 1] Revised Laws of Mauritius PART III – PATENTS