Registered Designs Act 1949 (c. 88)

Powers and Duties of Registrar U.K.

29 Exercise of discretionary powers of registrar. U.K.

Without prejudice to any provisions of this Act requiring the registrar to hear any party to proceedings thereunder, or to give to any such party an opportunity to be heard, [F1 rules made by the Secretary of State under this Act shall require the registrar to give] to any applicant for registration of a design an opportunity to be heard before exercising adversely to the applicant any discretion vested in the registrar by or under this Act.

Textual Amendments

F1 Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 18

[F2 30 Costs and security for costs. U.K.

(1) Rules made by the Secretary of State under this Act may make provision empowering the registrar, in any proceedings before him under this Act—

(a) to award any party such costs as he may consider reasonable, and

(b) to direct how and by what parties they are to be paid.

(2) Any such order of the registrar may be enforced—

(a) in England and Wales or Northern Ireland, in the same way as an order of the High Court;

(b) in Scotland, in the same way as a decree for expenses granted by the Court of Session.

(3) Rules made by the Secretary of State under this Act may make provision empowering the registrar to require a person, in such cases as may be prescribed, to give security for the costs of—

(a) an application for [F3 invalidation] of the registration of a design,

F4 ( b ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) an appeal from any decision of the registrar under this Act,

and enabling the application or appeal to be treated as abandoned in default of such security being given.]

Textual Amendments

F2 S. 30 substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 19

F3 Word in s. 30(3)(a) substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 9 (with transitional provisions in regs. 10-14)

F4 S. 30(3)(b) repealed (9.12.2001) by S.I. 2001/3949, reg. 9(2), Sch. 2 (with transitional provisions in regs. 10-14)

[F5 31 Evidence before registrar. U.K.

(1) Rules made by the Secretary of State under this Act may make provision—

(a) as to the giving of evidence in proceedings before the registrar under this Act by affidavit or statutory declaration;

(b) conferring on the registrar the powers of an official referee of the [F6 Senior Courts] [F7 or of the Court of Judicature]as regards the examination of witnesses on oath and the discovery and production of documents; and

(c) applying in relation to the attendance of witnesses in proceedings before the registrar the rules applicable to the attendance of witnesses in proceedings before such a referee.]

Textual Amendments

F5 S. 31 substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 20

F6 Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)

F7 Words in s. 31(b) inserted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 18; S.I. 2009/1604, art. 2(d)

[F8 31A Power to require use of forms U.K.

(1) The registrar may require the use of such forms as the registrar may direct for—

(a) an application for the registration of a design;

(b) representations or specimens of designs or other documents which may be filed at the Patent Office.

(2) The forms, and any directions by the registrar about their use, are to be published in the prescribed manner.]

Textual Amendments

F8 S. 31A inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 12(1), 24(1); S.I. 2014/2330, art. 3, Sch.

32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 U.K.

Textual Amendments

F9 S. 32 repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 272, 303(2), Sch. 3 para. 21, Sch. 8