Patents Act, 1964
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Appeal and references to arbitrator. |
45.—(1) An appeal shall lie from any order made by the Controller in pursuance of an application under sections 39 to 43 of this Act. | |
(2) On any appeal under this section, the Attorney General or such other counsel as he may appoint shall be entitled to appear and be heard. | ||
(3) Where any such application is opposed in accordance with the last foregoing section, and either— | ||
(a) the parties consent; or | ||
(b) the proceedings require a prolonged examination of documents or any scientific or local investigation which cannot in the opinion of the Controller conveniently be made before him, | ||
the Controller may at any time order the whole proceedings, or any question or issue of fact arising therein, to be referred to an arbitrator agreed on by the parties, or, in default of agreement, appointed by the Controller. | ||
(4) Where the whole proceedings are referred as aforesaid, section 35 of the Arbitration Act, 1954 , (which relates to the statement of cases by arbitrators for the decision of the High Court) shall not apply to the arbitration; but unless the parties otherwise agree before the award of the arbitrator is made, an appeal shall lie from the award. | ||
(5) Where a question or issue of fact is referred as aforesaid, the arbitrator shall report his findings to the Controller, |