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The Design Right (Proceedings before Comptroller) Rules 1989
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Changes and effects yet to be applied to Article 10:
- rule. 4 words inserted by S.I. 1999/3195 rule. 3
- rule. 5(1)(2) words inserted by S.I. 1999/3195 rule. 4(a)
- rule. 5(7)(8) inserted by S.I. 1999/3195 rule. 4(b)
- rule. 18A inserted by S.I. 1999/3195 rule. 5
- rule. 20(1) substituted by S.I. 1999/3195 rule. 6
- rule. 21 words inserted by S.I. 1999/3195 rule. 7(c)
- rule. 21(a)(b) words substituted by S.I. 1999/3195 rule. 7(a)
- rule. 21(b) words substituted by S.I. 1999/3195 rule. 7(b)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- rule 18A added by S.I. 1999/3195 rule 5
- rule 23(1A) inserted by S.I. 2006/760 rule 3(3)
- rule 23(1A) substituted by S.I. 2009/546 rule 3
- rule 23(1A) word substituted by S.I. 2019/638 Sch. 8 para. 14
- rule 23(1A) word substituted by S.I. 2020/1317 rule 5(2)
Proceedings in respect of application to settle terms of licence of right or adjust terms of licenceU.K.
10.—(1) [Commencement of proceedings] Proceedings in respect of an application to the Comptroller–
(a)under section 247 of the Act, to settle the terms of a licence available as of right by virtue of section 237 or under an order under section 238 of the Act, or
(b)under paragraph 19(2) of Schedule 1 to the Act, to settle the terms of a licence available as of right in respect of a design recorded or embodied in a design document or model before 1st August 1989, or
(c)brought by virtue of paragraph 19(5) of Schedule 1 to the Act, to adjust the terms of a licence granted before 1st August 1989 in respect of a design referred to in sub-paragraph (b) above,
shall be commenced by the service by the applicant on the Comptroller of a notice in Form 3 in Schedule 1.
(2) There shall be served with the notice a statement in duplicate setting out–
(a)in the case of an application referred to in paragraph (1)(a) or (b) above, the terms of the licence which the applicant requires the Comptroller to settle and, unless the application is one to which rule 13 relates, the name and address of the owner of the design right or, as the case may be, the copyright owner of the design;
(b)in the case of an application referred to in paragraph (1)(c) above, the date and terms of the licence and the grounds on which the applicant requires the Comptroller to adjust those terms and the name and address of the grantor of the licence.
(3) Within 14 days of the receipt of the notice the Comptroller shall send a copy of it, together with a copy of the applicant’s statement, to the person (hereinafter in this rule referred to as the respondent) shown in the application as the design right owner, copyright owner or grantor of the licence, as appropriate.
(4) Within 6 weeks of the receipt by him of the notice sent under paragraph (3) above the respondent shall, if he does not agree to the terms of the licence required by the applicant to be settled or, as the case may be, adjusted, serve a notice of objection on the Comptroller with a statement setting out the grounds of his objection and at the same time shall serve a copy of the same on the applicant.
(5) Within 4 weeks of the receipt of the notice of objection the applicant may serve on the Comptroller a counter-statement and at the same time serve a copy of it on the respondent.
(6) No amended statement or further statement shall be served by either party except by leave or direction of the Comptroller.
Commencement Information
I1Rule 10 in force at 1.8.1989, see rule 1
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