Patents Act, 1992
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Appeals and references to arbitrator. |
74.—(1) On any appeal from any order made by the Controller in pursuance of an application under section 70 or 72 the Attorney General shall be entitled to appear and be represented. | |
(2) Where an application is opposed 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. | ||
(3) Where the whole proceedings are referred under this section, section 35 of the Arbitration Act, 1954 (which relates to the statement of cases by arbitrators for the decision of the Court), shall not apply to the arbitration; but unless the parties otherwise agree before the award of the arbitrator is made, an appeal to the Court shall lie from the award. | ||
(4) Where a question or issue of fact is referred under this section, the arbitrator shall report his findings to the Controller. |