On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 08/04/2013.
PART XVII
LEGAL PROCEEDINGS
89.
—(1) Any proceedings before the court relating to patents and other matters under this Act shall be dealt with by a judge sitting alone or, if he thinks fit, with one or more scientific advisers selected by the judge from the panel appointed under subsection (2).
(2) Rules under this Act may make provision for the appointment of a panel of scientific advisers to assist the court and the Registrar in proceedings under this Act, for regulating the functions of such advisers and for remunerating such advisers.
90.
—(1) An appeal shall lie to the court from any decision of the Registrar under this Act or the rules except any of the following decisions:
(a)
a decision falling within section 25(7);
(b)
a decision under section 27(3) to omit any matter from a specification;
(c)
a decision to give directions under section 33(1) or (2);
(d)
a decision under the rules which is excepted by the rules from the right of appeal conferred by this section.
(2) For the purpose of hearing appeals under this section, the court may consist of one or more judges of the court in accordance with directions given by or on behalf of the Chief Justice.
(3) An appeal shall not lie to the Court of Appeal from a decision of the court on appeal from a decision of the Registrar under this Act or the rules —
(a)
(b)
except where the ground of appeal is that the decision of the court is wrong in law,
but an appeal shall only lie to the Court of Appeal under this section if leave to appeal is given by the court or the Court of Appeal.
[UK Patents 1977, s. 97]
91.
—(1) The court may, for the purpose of determining any question in the exercise of its original or appellate jurisdiction under this Act, make any order or exercise any other power which the Registrar could have made or exercised for the purpose of determining that question.
(2) In all proceedings before the court under this Act, the costs of the Registrar shall be in the discretion of the court, but the Registrar shall not be ordered to pay the costs of any other of the parties.
[UK Patents 1977, s. 99]
92. Without prejudice to any rule of law, the Registrar shall give any party to a proceeding before him an opportunity of being heard before exercising adversely to that party any discretion vested in the Registrar by this Act or the rules.
[UK Patents 1977, s. 101]
93.
—(1) Any party to any proceedings before the Registrar under this Act or any treaty to which Singapore is a party may appear before the Registrar in person or be represented by an advocate and solicitor or a registered patent agent.
[30/2001]
(2) The Government may be represented by a Legal Service Officer in any proceedings before the Registrar under this Act or any treaty to which Singapore is a party.
[30/2001]
(3) Without prejudice to the right of counsel to appear before the court, an advocate and solicitor who is not in actual practice shall, notwithstanding anything in the Legal Profession Act (Cap. 161), have the right to appear and be heard on behalf of any party to an appeal under this Act from the Registrar to the court.
[UK Patents 1977, s. 102]
[30/2001]
94.
—(1) It is hereby declared that the rule of law which confers privilege from disclosure in legal proceedings in respect of communications made with an advocate and solicitor or a person acting on his behalf, or in relation to information obtained or supplied for submission to an advocate and solicitor or a person acting on his behalf, for the purpose of any pending or contemplated proceedings before a court in Singapore extends to such communications so made for the purpose of any pending or contemplated proceedings before the Registrar under this Act.
(2) In this section, “legal proceedings” includes proceedings before the Registrar; and references to “legal proceedings” and “pending or contemplated proceedings” include references to applications for a patent and to international applications for a patent.
[UK Patents 1977, s. 103]
95.
—(1) A communication with respect to any matter relating to patents —
(a)
(b)
for the purpose of obtaining, or in response to a request for, information which a person is seeking for the purpose of instructing his patent agent,
is privileged from disclosure in legal proceedings in Singapore in the same way as a communication between a person and his solicitor or, as the case may be, a communication for the purpose of obtaining, or in response to a request for, information which a person seeks for the purpose of instructing his solicitor.
(2) In this section, “legal proceedings” includes proceedings before the Registrar.
[UK Patents 1977, s. 280]
96.
—(1) The Registrar may, in 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.
(2) Any costs awarded under this section shall, if a District Court or a Magistrate’s Court so orders, be recoverable by execution issued from that Court or otherwise as if they were payable under an order of that Court.
(3) If any person by whom —
(a)
a reference is made to the Registrar under section 20 or 47;
(b)
an application is made to the Registrar for the revocation of a patent; or
(c)
neither resides nor carries on business in Singapore, the Registrar may require him to give security for the costs or expenses of the proceedings and in default of such security being given may treat the reference, application or notice as abandoned.
[UK Patents 1977, s. 107]
[40/95]
97. Any order by the Registrar for the grant of a licence under this Act shall, without prejudice to any other method of enforcement, have effect as if it were a deed, executed by the proprietor of the patent and all other necessary parties, granting a licence in accordance with the order.
[UK Patents 1977, s. 108]