BAYER AG v MILLBORROW ANIMAL HEALTH (ZIMBABWE) (PVT) LTD 2019 (2) ZLR 378 (IPT)

2019 (2) ZLR p378

Flynote

Intellectual property – Intellectual Property Tribunal – appeal to – right of person seeking review of Registrar's decision to appeal to Tribunal – when Registrar has right to appear

Intellectual property – trade-mark – registered trade-mark – expungement from register – allegation that another similar trade mark already on the register – procedure – need for notice to be given to holder of impugned trade mark as well as statement from person applying for expungement – effect of failure to follow correct procedure

Practice and procedure – party – joinder of – may not be joined where has no legal interest in outcome – must have a direct and substantial interest in subject matter, which may be affected prejudicially by judgment of court