Clause 8 - Amendment of Act 47 of 1999. - Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021

CHAPTER VII

AMENDMENTS TO THE TRADE MARKS ACT, 1999

Amendment of Act 47 of 1999.

8. In the Trade Marks Act, 1999,-

(a) in section 2, in sub-section (1),-

(i) clauses (a), (d), (f), (k), (n), (ze) and (zf) shall be omitted;

(ii) for clause (s), the following clause shall be substituted, namely:-

‘(s) “prescribed” means,-

(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and

(ii) in other cases, prescribed by rules made under this Act;’;

(b) in section 10, for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted;

(c) in section 26, for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted;

(d) in section 46, in sub-section (3), for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted;

(e) in section 47,-

(i) for the words “Appellate Board”, at both the places where it occurs, the words “High Court” shall be substituted;

(ii) for the word “tribunal”, wherever it occurs, the words “Registrar or the High Court, as the case may be,” shall be substituted;

(f) in section 55, in sub-section (1), for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted;

(g) in section 57,-

(i) for the words “Appellate Board”, wherever it occurs, the words “High Court” shall be substituted;

(ii) for the word “tribunal”, wherever it occurs, the words “Registrar or the High Court, as the case may be,” shall be substituted;

(h) in section 71, in sub-section (3), for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted;

(i) in Chapter XI, for the Chapter heading, the Chapter heading “APPEALS” shall be substituted;

(j) sections 83, 84, 85, 86, 87, 88, 89, 89A and 90 shall be omitted;

(k) in section 91, for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted;

(l) sections 92 and 93 shall be omitted;

(m) for section 94, the following section shall be substituted, namely:-

Bar to appear before Registrar.

“94. On ceasing to hold the office, the erstwhile Chairperson, Vice-Chairperson or other Members, shall not appear before the Registrar.”;

(n) sections 95 and 96 shall be omitted;

(o) in section 97, for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted;

(p) in section 98, for the words “Appellate Board” and “Board”, wherever they occur, the words “High Court” shall be substituted;

(q) sections 99 and 100 shall be omitted;

(r) in section 113,

(i) for the words “Appellate Board”, at both the places where they occur, the words “High Court” shall be substituted;

(ii) for the word “tribunal” the words “Registrar or the High Court, as the case may be,” shall be substituted;

(s) in section 123, the words “and every Member of the Appellate Board” shall be omitted;

(t) in sections 124 and 125, for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted;

(u) in section 130, the words “the Appellate Board or” shall be omitted;

(v) in section 141, for the words “Appellate Board”, at both the places where they occur, the words “High Court” shall be substituted;

(w) in section 144, for the word “tribunal”, the words “Registrar or the High Court, as the cvase may be shall be substituted;

(x) in section 157, in sub-section (2),-

(i) clauses (xxxi) and (xxxii) shall be omitted;

(ii) in clause (xxxiii), for the words “Appellate Board”, the words “High Court” shall be substituted.