The Rules of the Supreme Court (Northern Ireland) (Amendment No.3) 2006

Amendments to the Rules of the Supreme Court (Northern Ireland) 1980(1)

9.  In Order 100—

(a) in the headings, omit references to the “Trademarks Act 1938”, the “Trade Marks Act 1938 as amended by the Trade Marks (Amendment) Act 1984” and “the 1938 Act”;

(b) in rule 1 (Interpretation), omit the words “the 1938 Act means the Trade Marks Act 1938 as amended by the Trade Marks (Amendment) Act 1984;”;

(c) in rule 2 (Assignment to Chancery Division), omit the words “the 1938 Act,”;

(d) in rule 3 (Appeals and applications under the 1994 Act and the Olympic Symbol Act)—

(i) in paragraph 1 omit the words “the 1938, Act”;

(ii) in paragraph 2 omit the words “the 1938 Act or”;

(iii) in paragraph 3(a) omit the words “the 1938 Act or”;

(iv) in paragraph 3(b) omit the words “the Board of Trade under the 1938 Act or”;

(v) omit paragraph 5;

(e) in rule 5 (Service of documents), in paragraph 2 omit the words “the 1938 Act or”;

(f) in rule 6 (Service of orders on the Registrar), omit the words “the 1938 Act or”; and

(g) after rule 6 (Service of orders on the Registrar), insert—

“Forfeiture, Destruction etc:

7.   Where the Court makes an order for delivery up, forfeiture or destruction of infringing goods, or articles designed or adapted to make such goods, the defendant shall pay the costs of complying with the order unless the court orders otherwise.

Publication of Judgments

8.   Without prejudice to any other provisions of these Rules, the Court may, where it finds that an intellectual property right has been infringed, order appropriate measures for the dissemination and publication of the judgment to be made at the expense of the defendant.”.

(1)

S.R. 1980 No.346