The Design Right (Proceedings before Comptroller) Rules 1989

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe the forms, fees and the procedure to be followed in connection with proceedings before the Comptroller in relation to–

(a) disputes on the subsistence or term of design right or the identity of the person in whom the right first vested;

(b) 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;

(c) 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; and

(d) the 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.

Under rule 7 provision is made for a person claiming to have a substantial interest in a dispute before the Comptroller to be made a party to the proceedings.