European Union
IP Enforcement
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial bodies of final administrative decisions.
The TM Act prescribes under section 11 that in the case of refusal or conditional acceptance by the Solicitor-General to register a trade-mark, shall be subject to appeal to the high court. Further, the Act provides under section 13(5) that the decision of the Solicitor-General after hearing parties on opposition to registration, shall be subject to appeal to the high court. Also, section 32 provides that where a person is entitled by assignment, transmission or other operation of law to a registered trade-mark, he or she shall make an application to the Solicitor-General to register his or her title. Any decision of the Solicitor-General under this section is also subject to appeal to the court. Under the Patents Act, section 13 provides that the Attorney-General's decision in refusing a provisional certificate can be appealed to the court. Further, under section 15, if a person opposes an application for a letters patent, if the decision of the Attorney-General is adverse to the party holding the provisional certificate, that person may appeal such decision to the court.