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TUESDAY, 24 MARCH 2015
Want to appeal in the UK? Check your forms

The United Kingdom Intellectual Property Office (UKIPO) has published directions for the use of new forms -- known as Form DF5, Form DF55 and Form DRF55 respectively (with unmemorable names like that, it's easy to get confsued).  These forms are for use when lodging an appeal to the Appointed Person against a decision of the Registrar of Designs relating to a UK (but not Community) design.  

An appeal to the Appointed Person, who acts as though he or she were the High Court except that there is no further appeal, is seen by many as a less formal and ultimately cheaper course of action than appealing to the High Court, from which further appeals may be made to the Court of Appeal and the Supreme Court.

Under the new sections 27A and B of the Registered Designs Act 1949, and amendments to section 251(4) of the Copyright, Designs and Patents Act 1988, a party can request a formal written statement, setting out the reasons for the Registrar's decision, using Form DF5. If that party is unhappy with or unconvinced by those reasons it can appeal to the Appointed Person using Form DF55 (for registered designs) or Form DRF55 (for unregistered designs). 

Further information about this new procedure, which kicks in from 6 April 2015, can be found here.

Posted by: Blog Administrator @ 00.01
Tags: UK appeal procedures,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA643

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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