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12 1964



Proceedings before the Controller or the Court.

Exercise of discretionary power by Controller.

71. —Where any discretionary power is by or under this Act given to the Controller, he shall not exercise that power adversely to the applicant for a patent or for amendment of a specification or the registered proprietor of a patent without (if so required within the prescribed time by the applicant or registered proprietor) giving the applicant or registered proprietor an opportunity of being heard.

Costs and security for costs.

72. —(1) The Controller may, in any proceedings before him under this Act, by order award to any party such costs as he may consider reasonable, and direct how and by what parties they are to be paid; and any such order may be made a rule of Court.

(2) If any party by whom notice of any opposition is given under this Act or by whom application is made to the Controller for the revocation of a patent or for the grant of a licence under a patent or for the determination of a dispute as to an invention under section 53 of this Act, or by whom notice of appeal is given from any decision of the Controller under this Act, neither resides nor carries on business in the State, the Controller, or in the case of appeal, the Court, may require him to give security for the costs of the proceedings or appeal, and in default of such security being given may treat the opposition, application or appeal as abandoned.

Evidence before Controller.

73. —(1) In any proceeding under this or any other enactment before the Controller, the evidence shall be given by statutory declaration in the absence of directions to the contrary; but in any case in which the Controller thinks it right so to do, he may take evidence viva voce in lieu of or in addition to evidence by declaration.

(2) Any such statutory declaration may in the case of appeal be used in lieu of evidence by affidavit, but if so used shall have all the incidents and consequences of evidence by affidavit.

(3) The Controller may for the purposes of his functions do all or any of the following things:—

(a) summon witnesses to attend before him,

(b) examine on oath (which he is hereby authorised to administer), or permit the examination on oath of, the witnesses attending before him,

(c) require any such witness to produce to him any document in his power or control.

(4) A summons shall be signed by the Controller.

(5) A witness before the Controller shall be entitled to the same immunities and privileges as if he were a witness before the Court.

(6) If any person—

(a) on being duly summoned as a witness before the Controller makes default in attending, or

(b) being in attendance as a witness refuses to take an oath legally required by the Controller to be taken, or to produce any document in his power or control legally required by the Controller to be produced by him, or to answer any question to which the Controller may legally require an answer, or

(c) does any other thing which would, if the Controller were a court of justice, having power to commit for contempt of court, be contempt of such court,

the Controller may certify the offence of that person under his official seal to the Court and the Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the Court.

Hearing by Court with assessor.

74. —(1) In an action or proceeding for infringement or revocation of a patent, or other proceeding under this Act, the Court may, if it thinks fit, and shall, on the request of all parties to the proceedings, call in the aid of an assessor specially qualified, and try the case wholly or partially with his assistance, in which event the action shall be tried without a jury unless the Court otherwise directs.

(2) The Supreme Court may, if it thinks fit, in any proceeding before them call in the aid of an assessor as aforesaid.

(3) The remuneration, if any, to be paid to an assessor under this section shall be determined by the Court or the Supreme Court, as the case may be, and be paid as part of the expenses of the execution of this Act.

Appeals from decisions of Controller.

75. —(1) Any appeal from the Controller under this Act shall be to the Court and shall be heard by one judge of the Court and the President of the High Court shall from time to time make arrangements for securing that all appeals under this section shall, so far as practicable, be heard by the same judge.

(2) Any such appeal which concerns a patent specification which has not become open to public inspection shall be heard in private.

(3) In any such appeal the Controller shall be entitled to appear or be represented in support of his decision and shall appear if so directed by the Court.

(4) In any such appeal the Court may exercise any power which could have been exercised by the Controller in the proceedings from which the appeal is brought.

(5) Rules for the conduct of proceedings under this section may include provision for the appointment of scientific advisers to assist the Court, and for regulating the functions of such advisers. The remuneration of a scientific adviser appointed in accordance with such rules shall be defrayed out of moneys provided by the Oireachtas.

(6) Except by leave of the Court, no appeal from an order or decision of the Controller shall be entertained of which notice to the Court is not given within one month from the date of the order or decision appealed against or within such further period not exceeding three months as the Controller may allow (upon request received before the expiration of the said period of one month).

(7) An appeal to the Supreme Court on a specified question of law shall lie from the decision of the Court on an appeal to it under this Act (other than an appeal under section 11 , 12 , 13 , 14 , 19 , 20 , 21 , 22 , 28 , 30 or 31 of this Act).

Costs of Controller in Court proceedings.

76. —In all proceedings before the Court under this or any other enactment the Controller shall neither be awarded nor ordered to pay costs.