Tribunals, Courts and Enforcement Act 2007

143 Appeals in relation to design rights E+W

(1) Section 28 of the Registered Designs Act 1949 (c. 88) (which provides that appeals under that Act from decisions of the Comptroller-General of Patents Designs and Trade Marks lie to the Appeal Tribunal established by that section) ceases to have effect.

(2) After section 27 of that Act insert—

“27A Appeals from decisions of registrar

(1) In this section “appeal” means an appeal from the registrar under this Act.

(2) An appeal lies to the court, subject to subsection (4).

(3) On an appeal, the court may exercise any power which could have been exercised by the registrar in the proceeding from which the appeal is brought.

(4) An appeal brought in England and Wales must, if there is a patents county court that has jurisdiction to entertain the appeal by virtue of an order under section 287 of the Copyright, Designs and Patents Act 1988, be brought in such a patents county court.

(5) Subsection (4) is not to be taken to prejudice the application of section 42 of the County Courts Act 1984 (transfer of proceedings to High Court by order of county court) in relation to proceedings on an appeal brought in a patents county court.

(6) Rules of court may make provision as to the exercise of the power under section 42(2) of that Act in relation to proceedings on an appeal brought in a patents county court.”

(3) In section 249 of the Copyright, Designs and Patents Act 1988 (c. 48) (appeals as to terms of licence of right)—

(a) in subsection (1), for “the Appeal Tribunal constituted under section 28 of the Registered Designs Act 1949” substitute “ the court ”, and

(b) after that subsection insert—

“(1A) In subsection (1) “the court” means—

(a) in England and Wales or Northern Ireland, the High Court;

(b) in Scotland, the Court of Session.”