Section 57Part 7 — INFRINGEMENT AND LEGAL PROCEEDINGS
Appeals Tribunal
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There is established an Appeals Tribunal for the purpose of hearing appeals from persons aggrieved by a decision of the Registrar.
The Appeals Tribunal shall consist of a Chairman, a deputy chairman and not more than three other members appointed by the Cabinet.
A person is not eligible to be appointed as chairman or deputy chairman unless the person —
is an attorney-at-law of at least five years' standing or has held judicial office; or
has considerable experience in trade marks matters.
The members of the Appeals Tribunal shall hold and vacate office in accordance with the terms of appointment, subject to the following provisions —
the term of appointment of a member of the Appeals Tribunal shall not exceed three years and may be renewed;
a member of the Appeals Tribunal may resign the office by notice in writing to the Cabinet;
the Cabinet may, by notice in writing to the member concerned, remove the member from office where the member —
has become bankrupt or has made an arrangement with creditors;
is incapacitated by physical or mental illness;
is a Member of the Legislative Assembly; or
is, in the opinion of the Cabinet, otherwise unable or unfit to perform the duties as member.
The names of the members of the Appeals Tribunal as first constituted and thereafter of every change in the constitution of the Tribunal shall be published by way of notice in the Gazette.
The quorum of the Appeals Tribunal shall be three members.
The Cabinet may appoint a member of the Appeals Tribunal to perform all the functions of the Chairman in relation to the hearing of appeals where the Chairman is unable to perform the functions due to leave of absence.
If a member of the Appeals Tribunal is by reason of illness, absence or other reasonable cause for the time being unable to perform duties, either generally or in relation to particular proceedings, a person may be appointed by the Cabinet to discharge the duties for a period not exceeding six months at one time or, as the case may be, in relation to those proceedings.
Where a vacancy exists in the membership of the Appeals Tribunal, the Cabinet shall, in accordance with this section, appoint a person to fill the vacancy.
There shall be paid to the members of the Appeals Tribunal such remuneration and allowances as the Cabinet may determine and, in accordance with the Public Service Management Law (2013 Revision), support staff for the Appeals Tribunal may be appointed.
A member of the Appeals Tribunal shall not be liable in damages for anything done or omitted to be done in the discharge of the member's functions, responsibilities, powers and duties under this Law unless it is shown that the act or omission was in bad faith.
The Government shall indemnify a member of the Appeals Tribunal against all claims, damages, costs, charges or expenses incurred by that member in the discharge of the member's functions, responsibilities, powers and duties under this Law, except claims, damages, costs, charges or expenses caused by the bad faith of that member.
The Cabinet may, by regulations, provide further for the constitution, administration, staffing and expenses of the Appeals Tribunal.