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| Mode of giving evidence |
57. In any proceeding under this Act before the Registrar, the evidence shall be given by statutory declaration in the absence of directions to the contrary, but, in any case in which he thinks it right to do so, the Registrar may take evidence viva voce in lieu of or in addition to evidence by declaration. Any such statutory declaration may in the case of appeal be used before the court in lieu of evidence by affidavit, but if so used shall have all the incidents and consequences of evidence by affidavit.
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| Sealed copies to be evidence |
| 58. Printed or written copies or extracts of or from the register, or of or from the register kept in the United Kingdom under the Trade Marks Act 1938 purporting to be certified by the Registrar and sealed with his seal, or purporting to be certified by the Comptroller-General of Patents Designs and Trade Marks and sealed with the seal of the Patent Office, shall be admitted in evidence in all courts and in all proceedings, without further proof or production of the originals. [U.K. 1938 c. 22.] |
| Certificate of Registrar to be evidence |
| 59. A certificate purporting to be under the hand of the Registrar, or of the Comptroller-General of Patents Designs and Trade Marks as to any entry, matter or thing which he is authorised to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done. |
| Discretionary powers |
| 60. In any appeal from the decision of the Registrar to the court under this Act, the court shall have and exercise the same discretionary powers as under this Act are conferred upon the Registrar. |
| Rectification of register |