Malaysia legislation
Section 68
Section 68
The principal Act is amended by inserting after section 88
the following sections:
“Costs of proceedings before court 88a. In all proceedings before the court, the court may, in its discretion, award any party including the Registrar such costs as it may consider reasonable but the Registrar shall not be ordered to pay the costs of any of the parties.
Protection against suit and legal proceedings 88b. No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against—
(a)
the Registrar, Deputy Registrar, Assistant Registrar or an Examiner in respect of any act ordered or done for the purpose of carrying into effect this Act; and
(b)
any other officer in respect of any act done or purported to be done by him under the order, direction or instruction of the Registrar, if the act was ordered or done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.
Service of application, order or judgement on Registrar 88c. (1) A copy of every application to the Court relating to a patent application or patent in the proceedings including an appeal from such application shall be served on the Registrar by the parties to the application in the prescribed manner together with the payment of the prescribed fee.
(2)
Upon receipt of a copy of the application including an appeal under subsection (1), the Registrar may change the status of the patent application or patent as the Registrar
Patents (Amendment)
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deems fit, subject to further conditions, directions, order or judgement of the court.
(3)
Any order or judgement made by the court upon the completion of the application including appeal under subsection (1)
shall be served on the Registrar in the prescribed manner together with the payment of the prescribed fee by the party in whose favour the order or judgement is made or given.
(4)
Upon receipt of the order or judgement under subsection (3), the Registrar shall—
(a)
record the court order or judgement in the Register;
and
(b)
cause the order or judgement to be published in the
Official Journal if the Registrar thinks necessary.
Registrar not to be made party to certain proceedings 88d. In the absence of a cause of action against the Registrar, the Registrar shall not be made a party to the following proceedings:
(a)
judicial assignment proceedings under section 19;
(b)
an appeal against the decision of the Registrar in granting compulsory licence under section 51;
(c)
an appeal against the decision of the Registrar in opposition proceedings under section 55a;
(d)
invalidation proceedings under section 56;
(e)
infringement proceedings under section 59; or
(f)
an appeal against the decision of the Minister under section 84.
Power to amend Schedule 88e. The Minister may, by order published in the Gazette, amend the Schedule to this Act.”.
Saving and transitional provisions