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CLASS 99


The blog for design law, in Europe and worldwide. This weblog is written by a team of design experts and fans. To contribute, or join us, or for any other reason, email class99@marques.org.

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David Musker
Henning Hartwig
Hidde Koenraad
Krystian Maciaszek
Peter Gustav Olson
MONDAY, 14 JULY 2014
UK registered design appeals: now there's a choice

In the United Kingdom the Intellectual Property Act 2014 (Commencement No.1) Order 2014 (SI 2014/1715), made on 2 July, fixes tomorrow, 15 July, as the date of coming into force of section 10(2) of the Intellectual Property Act.

What does section 10(2) do? It introduces new sections 27A and 27B into the Registered Designs Act 1949, which offers new routes of appeal to the "appointed person" against decisions made by the registrar relating to designs, as an alternative to the High Court.

The facility of appealing to the appointed person has already been available in respect of appeals against the registrar in trade mark matters; it has proved to be both cheaper and more informal than an appeal to the High Court, though there is a small downside if you lose: appeals to the High Court can themselves be appealed to the Court of Appeal, while appeals to the appointed person are final.

Posted by: Blog Administrator @ 04.21
Tags: United Kingdom, registered design right, appeals,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA569

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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