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Belize

BZ043

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Patents (Costs, Expenses and Allowance) Administrative Instructions, No. 7 of 2006

BELIZE:

ADMINISTRATIVE INSTRUCTIONS

No. 7 of 2006

______

ADMINISTRATIVE INSTRUCTIONS made by the Registrar of Intellectual Property in exercise of the powers conferred upon him by section 69 of the Patents Act, Chapter 253 of the Substantive Laws of Belize, Revised Edition 2000.

1. These Administrative Instructions may be cited as the

PATENTS (COSTS, EXPENSES AND ALLOWANCE) ADMINISTRATIVE INSTRUCTIONS, 2006.

2.(1) For the purposes of any proceeding before the Registrar, a party to the proceedings may apply to the Registrar in the form prescribed in Form 17 of Schedule I for an award of costs in relation to the proceedings.

(2) An application must be made -

(a) during the proceedings; or

(b) within 3 months from:

(i) the date on which the Registrar makes a decision in the proceedings that ends those proceedings; or

(ii) the date of the Registrar’s notice to the party that the proceedings have been discontinued or dismissed;

as the case requires.

Application for costs.

Short title.

(3) Before awarding costs in respect of the proceedings, the Registrar must give each party to the proceedings a reasonable opportunity to be heard in relation to the award of costs.

3.(1) For the purposes of the proceedings under paragraph 2, costs may only be awarded in respect of a matter set out in Schedule II.

(2) The amount of costs must be taxed, allowed and certified by the Registrar, in accordance with -

(a) in the case of an item in Part 1 of Schedule II, the amount specified in that item; or

(b) in the case of a matter set out in a paragraph in Part 2 of Schedule II that paragraph.

MADE by the Registrar of Intellectual Property this 5th day of May, 2006.

___________________________

(ALHAJI TEJAN-COLE)

Deputy Registrar of Intellectual Property

Determination of costs.

SCHEDULE I

PATENTS ACT (CAP. 253)

FORM NO. 17

APPLICATION FOR AN AWARD OF COSTS

1. Applicant _______________________________________________________

(Name)

________________________________________________________________

(Address)

2. Application being made for costs in relation to the following proceedings:

3. Registration number(s) of patents to which proceedings relate:

_______________________________________________________________

(Registration number(s))

4. Signature:

Dated: __________ / ________________ / _________

Day Month Year

Signature:______________________________

Agent (if applicable)

SCHEDULE II

PATENTS ACT (CAP. 253)

(Paragraph 3)

COSTS, EXPENSES AND ALLOWANCE

PART 1

COSTS

Column 1

Item

Column 2

Matter

Column 3

Amount

1

2

3

4

5

6

7

8

9

10

11

Notice of opposition

Evidence in support

Receiving and perusing notice of opposition

Receiving and perusing evidence in support

Filing answer to opposition

Evidence in answer

Receiving and perusing evidence in answer

Evidence in reply

Receiving and perusing evidence in reply

Preparation of cases for hearing

Attendance at hearing by attorney-at-law

$250

$200

$100

$100

$200

$200

$100

$100

$100

$350

$200 per hour

PART 2

EXPENSES AND ALLOWANCES

Division 1

Expenses

1. A person who has paid a fee prescribed by the relevant law in relation to proceedings before the Registrar may be paid the amount of the fee.

2. A person attending proceedings before the Registrar must be paid –

(a) a reasonable amount for allowances for transport between the usual place of residence of the person and the place that he or she attends for that purpose; and

(b) if the person is required to be absent overnight from his or her usual place of residence - a reasonable amount for allowances up to a daily maximum of $200 for meals and accommodation.

Division 2

Allowances

3. A person who, because of his or her professional, scientific or other special skill or knowledge, is summoned to appear as a witness before the Registrar must be paid –

(a) if the person is remunerated in his or her occupation by wages, salary or fees – an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and

(b) in any other case – an amount of not less than $100, or more than $500, for each day on which he or she so attends.

4. A person summoned to appear as a witness, other than a witness referred to in paragraph 3, before the Registrar must be paid –

(a) if the person is remunerated in his or her occupation by wages, salary or fees – an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and

(b) in any other case – an amount of not less than $60, or more than $100, for each day on which he or she so attends.