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Power of Court to amend register.
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86.—(1) Subject to subsection (7), the Court may, on the application in the prescribed manner of any person aggrieved by the non-insertion in, or omission from, the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining in the register, or by an error or defect in any entry in the register, make such order for making, expunging, or varying such entry as it may think fit.
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(2) The Court may in any proceedings under this section decide any question that it may be necessary or expedient to decide in connection with the amendment of the register.
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(3) The prescribed notice of any application under this section shall be given to the Controller, who shall have the right to appear and be heard thereon, and shall appear if so directed by the Court.
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(4) Unless otherwise directed by the Court, the Controller may, in lieu of appearing and being heard, submit to the Court a statement in writing, signed by him, giving particulars of the proceedings before him in relation to the matter in issue, or of the grounds of any decision given by him affecting the same, or of the practice of the Office in like cases, or of such matters relevant to the issues, and within his knowledge as Controller, as he shall think fit, and such statement shall be deemed to form part of the evidence in the proceedings.
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(5) In the case of fraud in the registration or transmission of a patent application or a patent, the Controller may apply on his own motion to the Court under this section.
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(6) Any order of the Court for the amendment of the register shall provide for service of notice of the amendment on the Controller in the prescribed manner and on receipt of any such notice the Controller shall amend the register in accordance with the terms of the order to which the notice relates.
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(7) Any application under this section (other than an application by the Controller) may, at the option of the applicant, be made in the first instance to the Controller, and in such case the Controller shall have all the powers of the Court under this section to decide the matter.
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