Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 No. 929 (S. 65)

PART V S COPYRIGHT, DESIGNS AND TRADE MARKS

Interpretation S

3.5.1  In this Part–

• “the 1988 Act” means the Copyright, Designs and Patents Act 1988 M1 ;

• “the 1994 Act” means the Trade Marks Act 1994 M2 ; and

• “the 1995 Regulations” means the Olympics Association Right (Infringement Proceedings) Regulations 1995 M3 .

Marginal Citations

M1 1988 c.48.

M2 1994 c.26.

M3 S.I. 1995/3325.

Orders for delivery up, forfeiture, destruction or other disposal S

3.5.2  An application to the sheriff made under sections 99, 114, 195, 204, 230, 231 or 298 of the 1988 Act M4 , under sections 16 or 19 of the 1994 Act or under Regulation 3 or 5 of the 1995 Regulations, shall be made–

(a) by motion or incidental application, as the case may be, where proceedings have been commenced; or

(b) by summary application where no proceedings have been commenced.

Marginal Citations

M4 Section 195 was amended by S.I. 1996/2967. Sections 114, 204 and 231 were amended by the Trade Marks Act 1994, (c.26), Schedule 4, paragraph 8(2).

Service of notice on interested persons S

3.5.3  Where an application has been made under section 114, 204, 231 or 298 of the 1988 Act, section 19 of the 1994 Act or Regulation 5 of the 1995 Regulations–

(a) the application shall–

(i) specify the name and address of any person known or believed by the applicant to have an interest in the subject matter of the application; or

(ii) state that to the best of the applicant’s knowledge and belief no other person has such an interest; and

(b) the sheriff shall order that there be intimated to any person who has such an interest, a copy of the pleadings and any motion, incidental application or summary application, as the case may be.

Procedure where leave of court required S

3.5.4—(1) Where leave of the court is required under the 1988 Act before the action may proceed, the pursuer shall lodge along with the initial writ or summons a motion or incidental application, as the case may be, stating the grounds upon which leave is sought.

(2) The sheriff may hear the pursuer on the motion or incidental application and may grant or refuse it or make such other order in relation to it as he considers appropriate prior to determination.

(3) Where such motion or incidental application is granted, a copy of the sheriff’s interlocutor shall be served upon the defender along with the warrant of citation.