Design Right (Proceedings before Comptroller) Rules 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/1130 |
| Year | 1989 |
1989No. 1130
DESIGNS
The Design Right (Proceedings before Comptroller) Rules
1989
4thJuly1989
10thJuly1989
1stAugust1989
The Secretary of State, in exercise of the powers conferred upon him by section 250 of the Copyright, Designs and Patents Act 1988 ( a), with the consent of the Treasury pursuant to subsection (3) of that section as to the fees prescribed under these Rules, and after consultation with the Council on Tribunals in accordance with section 10(1) of the Tribunal and Inquiries Act 1971 ( b), hereby makes the following Rules:-
Citation and commencement
1. These Rules may be cited as the Design Right (Proceedings before Comptroller) Rules 1989 and shall come into force on 1st August 1989.
Interpretation
2.-(1) In these Rules, unless the context otherwise requires-
"the Act" means the Copyright, Designs and Patents Act 1988;
"applicant" means a person who has referred a dispute or made an application to the Comptroller;
"application" means an application to the Comptroller to settle or vary the terms of a licence of right or to adjust the terms of a licence;
"dispute" means a dispute as to any of the matters referred to in rule 3(1); and
"proceedings" means proceedings before the Comptroller in respect of a dispute or application.
(2) A rule or schedule referred to by number means the rule or schedule so numbered in these Rules; and a requirement under these Rules to use a form set out in Schedule 1 is satisfied by the use either of a replica of that form or of a form which contains the information required by the form set out in the said Schedule and which is acceptable to the Comptroller.
Proceedings in respect of a dispute
3.-(1) Proceedings under section 246 of the Act in respect of a dispute as to- |
Commencement of proceedings |
(a) 1988 c.48; under sub-paragraph (6) of paragraph 19 of Schedule 1 to the Copyright, Designs and Patents Act 1988 the provisions of section 250 apply in relation to proceedings brought under or by virtue of that paragraph as to proceedings under Part III of the Act.
(b) 1971 c.62.
(a) the subsistence of design right,(b) the term of design right, or(c) the identity of the person in whom design right first vested,shall be commenced by the service by the applicant on the Comptroller of a notice in Form 1 in Schedule 1. There shall be served with that notice a statement in duplicate setting out the name and address of the other party to the dispute (hereinafter in this rule referred to as the respondent), the issues in dispute, the applicant's case and the documents relevant to his case.
(2) Within 14 days of the receipt of the notice the Comptroller shall send a copy of the notice, together with a copy of the applicant's statement, to the respondent.
(3) Within 28 days of the receipt by him of the documents referred to in paragraph (2) above, the respondent shall serve on the Comptroller a counter-statement and shall at the same time serve a copy of it on the applicant. Such counter-statement shall set out full particulars of the grounds on which he contests the applicant's case, any issues on which he and the applicant are in agreement and the documents relevant to his case.
(4) Within 21 days of the service on him of the counter-statement, the applicant may serve a further statement on the Comptroller setting out the grounds on which he contests the respondent's case, and shall at the same time serve a copy of it on the respondent.
(5) No amended statement or further statement shall be served by either party except by leave or direction of the Comptroller.
Comptroller's directions |
4.-(1) The Comptroller shall give such directions as to the further conduct of proceedings as he considers appropriate. |
(2) If a party fails to comply with any direction given under this rule, the Comptroller may in awarding costs take account of such default.
Procedure and evidence at hearing |
5.-(1) Unless the Comptroller otherwise directs, all evidence in the proceedings shall be by statutory declaration or affidavit. |
(2) Where the Comptroller thinks fit in any particular case to take oral evidence in lieu of or in addition to evidence by statutory declaration or affidavit he may so direct and, unless he directs otherwise, shall allow any witness to be cross-examined on his evidence.
(3) A party to the proceedings who desires to make oral representations shall so notify the Comptroller and the Comptroller shall, unless he and the parties agree to a shorter period, give at least 14 days' notice of the time and place of the hearing to the parties.
(4) If a party intends to refer at a hearing to any document not already referred to in the proceedings, he shall, unless the Comptroller and the other party agree to a shorter period, give 14 days' notice of his intention, together with particulars of every document to which he intends to refer, to the Comptroller and the other party.
(5) At any stage of the proceedings the Comptroller may direct that such documents, information or evidence as he may require shall be filed within such time as he may specify.
(6) The hearing of any proceedings, or part of proceedings, under this rule shall be in public, unless the Comptroller, after consultation with the parties, otherwise directs.
Represen- tation and rights of audience |
6.-(1) Any party to the proceedings may appear in person or be represented by counsel or a solicitor (of any part of the United Kingdom) or, subject to paragraph (4) below, a patent agent or any other person whom he desires to represent him. |
(2) Anything required or authorised by these Rules to be done by or in relation to any person may be done by or in relation to his agent.
(3) Where after a person has become a party to the proceedings he appoints an agent for the first time or appoints an agent in substitution for another, the newly appointed agent shall give written notice of his appointment to the Comptroller and to every other party to the proceedings.
(4) The Comptroller may refuse to recognise as such an agent in respect of any proceedings before him-
(a) a person who has been convicted of an offence under section 88 of the Patents Act 1949 ( a) or section 114 of the Patents Act 1977 ( b);(b) any individual whose name has been erased from and not restored to, or who is suspended from, the register of patent agents (kept in pursuance of rules made under the Patents Act 1977) on the ground of misconduct;(c) a person who is found by the Secretary of State to have been guilty of such conduct as would, in the case of an individual registered in the register of patent agents, render him liable to have his name erased from the register on the ground of misconduct;(d) a partnership or body corporate of which one of the partners or directors is a person whom the Comptroller...To continue reading
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