http://www.legislation.gov.uk/id/uksi/1989/1130

http://www.legislation.gov.uk/uksi/1989/1130/article/10/1992-05-11

The Design Right (Proceedings before Comptroller) Rules 1989

Local Government

DESIGNS

Statute Law Database

2023-03-27

Expert Participation

1992-05-11

These Rules prescribe the forms, fees and the procedure to be followed in connection with proceedings before the Comptroller in relation to–disputes on the subsistence or term of design right or the identity of the person in whom the right first vested;the settlement of the terms of a licence which is made available in the public interest or as of right in the last five years of design right or of copyright in respect of a design recorded or embodied in a design document or model made before 1st August 1989;the settlement of the terms of a licence where the design right or copyright owner is unknown and for the variation of those terms if and when his identity is discovered; andthe adjustment of the terms of a licence granted before 1st August 1989 in respect of a design recorded or embodied in a design document or model before that date.

The Design Right (Proceedings before Comptroller) Rules 1989

rule. 4

The Design Right (Proceedings before Comptroller) (Amendment) Rules 1999

rule. 3

rule. 1(2)

The Design Right (Proceedings before Comptroller) Rules 1989

rule. 5(1)(2)

The Design Right (Proceedings before Comptroller) (Amendment) Rules 1999

rule. 4(a)

rule. 1(2)

The Design Right (Proceedings before Comptroller) Rules 1989

rule. 5(7)(8)

The Design Right (Proceedings before Comptroller) (Amendment) Rules 1999

rule. 4(b)

rule. 1(2)

The Design Right (Proceedings before Comptroller) Rules 1989

rule. 18A

The Design Right (Proceedings before Comptroller) (Amendment) Rules 1999

rule. 5

rule. 1(1)

The Design Right (Proceedings before Comptroller) Rules 1989

rule. 20(1)

The Design Right (Proceedings before Comptroller) (Amendment) Rules 1999

rule. 6

rule. 1(2)

The Design Right (Proceedings before Comptroller) Rules 1989

rule. 21(a)(b)

The Design Right (Proceedings before Comptroller) (Amendment) Rules 1999

rule. 7(a)

rule. 1(1)

The Design Right (Proceedings before Comptroller) Rules 1989

rule. 21(b)

The Design Right (Proceedings before Comptroller) (Amendment) Rules 1999

rule. 7(b)

rule. 1(1)

The Design Right (Proceedings before Comptroller) Rules 1989

rule. 21

The Design Right (Proceedings before Comptroller) (Amendment) Rules 1999

rule. 7(c)

rule. 1(1)

The Design Right (Proceedings before Comptroller) Rules 1989

rule 23(1A)

The Patents, Trade Marks and Designs (Address for Service) Rules 2009

rule 3

rule 1

The Design Right (Proceedings before Comptroller) Rules 1989

rule 18A

The Design Right (Proceedings before Comptroller) (Amendment) Rules 1999

rule 5

The Design Right (Proceedings before Comptroller) Rules 1989

rule 23(1A)

The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019

Sch. 8

para. 14

reg. 1

The Design Right (Proceedings before Comptroller) Rules 1989

rule 23(1A)

The Patents, Trade Marks and Designs (Address For Service and Time Limits, etc) Rules 2006

rule 3(3)

rule 1

The Design Right (Proceedings before Comptroller) Rules 1989

rule 23(1A)

The Patents, Trade Marks and Designs (Address for Service) (Amendment) (EU Exit) Rules 2020

rule 5(2)

rules 6-8

rule 1(1)

Proceedings in respect of application to settle terms of licence of right or adjust terms of licenceI110

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.