The Registered Designs Appeal Tribunal (Amendment) Rules 1970

• Citation: S.I. 1970/1075
• Sections: 6

Section 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 , and “ the schedule ” means the schedule to those Rules.

Section 2

For rule 1 there shall be substituted the following rule:—

(1)

(1) Any person who desires to appeal to the Registered Designs Appeal Tribunal from a decision of the Comptroller-General of Patents, Designs and Trade Marks (in these Rules referred to as “ the Registrar ”) in any case in which a right of appeal is given by the Registered Designs Act 1949 (in these Rules referred to as “ the Act ”) shall file with the registrar of the Appeal Tribunal at the Royal Courts of Justice, London, a notice of appeal in the form set out in the schedule to these Rules.

(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.

Section 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” .

Section 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.

Section 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 a member of the Bar of England and Wales or of Northern Ireland or a member of the Faculty of Advocates in Scotland; and

“ patent agent ” has the same meaning as it has in the Patents Act 1949 .

Section 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.