Commentary on Sections: Part 7
Section 143: Appeals in relation to design rights
649.Section 143 abolishes the Registered Designs Appeals Tribunal and diverts its jurisdiction in England and Wales to the Patents County Court and the High Court concurrently. The Patents County Court is one with which users are familiar, is experienced in design matters, and its rules allow for affordable representation by patent agents and efficient procedures. While the Patents County Court and the High Court have concurrent jurisdiction, it is intended that appeals must first come to the Patents County Court which can then decide whether the appeal should be transferred to the High Court. The RDAT’s Scottish jurisdiction is transferred to the Court of Session and its jurisdiction in relation to Northern Ireland to the High Court in Northern Ireland. The courts to which cases from the Isle of Man are to be diverted can be prescribed by an Order in Council under section 47 of the Registered Designs Act 1949.
650.The RDAT also has the power to deal with some appeals on (unregistered) design rights pursuant to section 249 of the Copyright, Designs and Patents Act 1988. Design rights are rather different in nature to registered designs and are more complex, as they raise issues that are much more akin to copyright than registered designs. Section 143(3) therefore provides that in England and Wales and Northern Ireland, appeals relating to design rights are to be heard by the High Court and that, in Scotland, appeals will lie to the Court of Session.
