Geographical Indications Rules 2019 · As enacted · Part 7 · Evidence and Procedure
73. Registrar’s discretionary powers
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Without affecting the provisions of the Act requiring the Registrar to hear any party to any proceedings with notice under the Act, or to give such party an opportunity to be heard, the Registrar must, before exercising, in any interlocutory proceedings with notice under the Act, any discretionary power in a manner that is adverse to any party to a proceeding, give that party an opportunity to be heard.
A request for the exercise of the discretionary powers of the Registrar in the manner described in paragraph (1) in interlocutory proceedings with notice must be made to the Registrar in writing.
A person must, at the time the person makes a request under paragraph (2), serve on every other party to the proceedings a copy of the request.
The Registrar may give such directions as the Registrar thinks fit with regard to any aspect of the procedure under this rule. (5) After hearing each party, the Registrar must notify each party of the Registrar’s decision in relation to the exercise of the discretionary power.
Subregulation 1
Without affecting the provisions of the Act requiring the Registrar to hear any party to any proceedings with notice under the Act, or to give such party an opportunity to be heard, the Registrar must, before exercising, in any interlocutory proceedings with notice under the Act, any discretionary power in a manner that is adverse to any party to a proceeding, give that party an opportunity to be heard.
Subregulation 2
A request for the exercise of the discretionary powers of the Registrar in the manner described in paragraph (1) in interlocutory proceedings with notice must be made to the Registrar in writing.
Subregulation 3
A person must, at the time the person makes a request under paragraph (2), serve on every other party to the proceedings a copy of the request.
Subregulation 4
The Registrar may give such directions as the Registrar thinks fit with regard to any aspect of the procedure under this rule.
Subregulation 5
After hearing each party, the Registrar must notify each party of the Registrar’s decision in relation to the exercise of the discretionary power.