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Controller's appearance in court proceedings.
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78.—(1) In any proceedings before the Court (including an appeal) which involve or relate to—
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(a) the revocation of the registration of a trade mark, or
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(b) a declaration of the invalidity of the registration of a trade mark, or
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(c) the rectification of the register, or
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(d) any other matter in which the relief sought would affect the register,
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the Controller shall be entitled to appear and be heard, and shall appear if so directed by the Court.
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(2) Unless otherwise directed by the Court, in any proceedings before the Court the Controller may instead of appearing submit to the Court a statement in writing signed by the Controller, giving particulars of—
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(a) any proceedings before the Controller in relation to the matter in issue;
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(b) the grounds of any decision given by the Controller affecting it;
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(c) the practice of the Patents Office in like cases; or
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(d) such matters relevant to the issues and within the Controller's knowledge as the Controller thinks fit;
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and the statement shall be deemed to form part of the evidence in the proceedings.
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