Statutory Instruments
DESIGNS
Made
16th July 1970
Coming into Operation
1st October 1970
The Appeal Tribunal constituted under section 28(2) of the Registered Designs Act 1949, as amended by section 24 of the Administration of Justice Act 1969, in exercise of the powers conferred upon it by section 28(8) and (8A) of the Registered Designs Act 1949, as amended by section 24 of the Administration of Justice Act 1969 and section 10 of the Administration of Justice Act 1970, hereby makes the following Rules:-
1.-(1) These Rules may be cited as the Registered Designs Appeal Tribunal (Amendment) Rules 1970 and shall come into operation on 1st October 1970.
(2) The Interpretation Act 1889 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
(3) In these Rules a rule referred to by number means the rule so numbered in the Registered Designs Appeal Tribunal Rules 1950(1), and "the schedule" means
2. For rule 1 there shall be substituted the following rule:-
"1.-(1)
(2) The notice of appeal shall be filed-
(a)in the case of a decision on a matter of procedure, within 14 days after the date of the decision; and
(b)in any other case, within six weeks after the date of the decision.
(3) The Registrar may determine whether any decision is on a matter of procedure and any such determination shall itself be a decision on a matter of procedure."
3. In rule 2 for the words "send a copy of the notice of appeal" there shall be substituted the words "within two days of filing the notice of appeal send a copy thereof".
4. For rule 4 there shall be substituted the following rule:-
"4. Except by leave of the Appeal Tribunal, no appeal shall be entertained unless notice of appeal has been given within the period specified in rule 1(2) or within such further time as the Registrar may allow upon request made to him prior to the expiry of that period."
5. After rule 5 there shall be inserted the following rule:-
"5A.-(1) A party to an appeal before the Appeal Tribunal may appear and be heard either in person or by a patent agent, a solicitor, or counsel.
(2) In this Rule-
"counsel" means
"patent agent"
6. For the Note at the end of the schedule there shall be substituted the following:-
"NOTE:-This notice must be sent to the Registrar of the Registered Designs Appeal Tribunal, Royal Courts of Justice, London, WC2A 2LL and must bear an impressed judicature fee stamp for £6. An unstamped copy of the notice must be sent to the Comptroller-General of Patents, Designs and Trade Marks at the Patent Office, 25 Southampton Buildings, London, W.C.2, and to any person who appeared or gave notice of opposition on the proceedings from which the appeal is brought, within the period prescribed by the Registered Designs Appeal Tribunal Rules."
Patrick Graham, J
Senior Judge of the Appeal Tribunal
Dated 16th July 1970
These Rules extend from 14 days to six weeks the time for appealing to the Registered Designs Appeal Tribunal in relation to other than procedural decisions of the Comptroller-General of Patents, Designs and Trade Marks. They also make provision with regard to the right of audience before the Appeal Tribunal and effect alterations in the Registered Designs Appeal Tribunal Rules 1950 respecting notices of appeal.
(1950 I, p. 537).
1949 c. 87.