THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 10, 1909. 1043
Costs.
49. In all proceedings before the Court under this Costs of Ordinance the costs of the Registrar shall be in the proceedings discretion of the Court, but the Registrar shall not be before Court. ordered to pay the costs of any other of the parties.
Evidence.
5 Edw. 7
c. 15 s. 48.
evidence.
50. In any proceeding under this Ordinance before Mode of the Registrar or the Governor, the evidence shall be giving given by statutory declaration in the absence of directions 7. s. 49. to the contrary, but, in any case in which he shall think it right so to do, the Registrar or the Governor may (with the consent of the parties) take evidence vwâ voce in lieu of or in addition to evidence by declaration. Any such statutory declaration may in the case of appeal be used before the Court în lien of evidence by affidavit, but if so used shall have all the incidents and consequences of evidence by affidavit.
In case any part of the evidence is taken rirá voce the Registrar or the Governor shall in respect of requiring the attendance of witnesses and taking evidence on oath be in the same position in all respects as a Special Referee of the Supreme Court.
to be
51. Printed or written copies or extracts of or from Sealed copies the register, purporting to be certified by the Registrar evidence. under his seal, shall be admitted in evidence in all courts, 17, s. 50. and in all proceedings, without further proof or production of the originals.
be evidence.
52. A certificate purporting to be under the hand of Certificate of the Registrar as to any entry, mutter, or thing which Registrar to he is authorised by this Ordinance, or rules made there- 7, s. 51. under, to make or do, shall be primâ facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.
Powers and Duties of Registrar of Trade Marks.
53. Where any discretionary or other power is given Exercise of to the Registrar by this Ordinance or rules made there- discretionary under, he shall not exercise that power adversely to the power be
Registrar. applicant for registration or the registered proprietor 1.8, 53, of the trade mark in question without (if duly required so to do within the prescribed time) giving such appli- cant or registered proprietor an opportunity of being heard.
Ib. s. 54.
54. Except where expressly given by the provisions Appeal from of this Ordinance or rules made thereunder there shall Registrar. be no appeal from a decision of the Registrar otherwise than to the Governor, but the Court, in dealing with any question of the rectification of the register (including all applications under the provisions of section 35 of this Ordinance), shall have power to review any decision of the Registrar relating to the entry in question or the correction sought to be made.
of agents. 1b. s. 55.
55. Where by this Ordinance any act has to be done Recognition by or to any person in connection with a trade mark or proposed trade mark or any procedure relating thereto, such act may under and in accordance with rules madé under this Ordinance be done by or to an agent of such. party duly authorised in the prescribed manner.
Rales.
56.—(1) Subject to the provisions of this Ordinance Power of the Governor-in-Council may from time to time make of Governor- such rules, prescribe such forms and generally do such things as he thinks expedient,---
(a) For regulating the practice under this Ordin-
ance:
(b) For classifying goods for the purposes of
registration of trade marks:
(c) For making or requiring duplicates of trade
marks and other documents :
(d) For securing and regulating the publishing and selling or distributing, in such manner as the Governor-in-Council thinks fit, of copies of trade marks and other documents: (e) Generally, for regulating the business of the office in relation to trade marks and all things by this Ordinance placed under the direction or control of the Registrar.
in-Council to
make rules. Ib. s. 60.
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