The Registered Designs Rules 1995

EVIDENCE BEFORE REGISTRAR

Evidence

62.—(1) Where under these Rules evidence may be filed, it shall be by statutory declaration or affidavit.

(2) The registrar may if he thinks fit in any particular case take oral evidence in lieu of or in addition to such evidence and shall allow any witness to be cross-examined on his statutory declaration, affidavit or oral evidence, unless he directs otherwise.

(3) The registrar shall in relation to the examination of witnesses on oath and the discovery and production of documents have all the powers of an official referee of the Supreme Court.

(4) The rules applicable to the attendance of witnesses before such a referee shall apply in relation to the attendance of witnesses in proceedings before the registrar.

Form and content of statutory declaration or affidavit

63.—(1) The statutory declarations and affidavits required by these Rules, or used in any proceedings thereunder, shall be headed in the matter or matters to which they relate, and shall be divided into paragraphs consecutively numbered, and each paragraph shall, so far as possible, be confined to one subject.

(2) Every statutory declaration or affidavit shall state the description and true place of abode of the person making the same, and shall be written, typed, lithographed or printed.

Making and subscription of statutory declaration or affidavit

64.—(1) Any statutory declaration or affidavit filed under the Act or these Rules shall be made and subscribed as follows—

(a) in the United Kingdom, before any justice of the peace or any commissioner or other officer authorised by law in any part of the United Kingdom to administer an oath for the purpose of any legal proceedings;

(b) in any other part of Her Majesty’s dominions or in the Republic of Ireland, before any court, judge, justice of the peace or any officer authorised by law to administer an oath there for the purpose of any legal proceedings; and

(c) elsewhere, before a British Minister, or person exercising the functions of a British Minister, or a Consul, Vice-Consul or other person exercising the functions of a British Consul or before a notary public, judge or magistrate.

(2) Any document purporting to have affixed, impressed or subscribed thereto or thereon the seal or signature of any person authorised by paragraph (1) above to take a declaration may be admitted by the registrar without proof of the genuineness of the seal or signature, or of the official character of the person or his authority to take the declaration.

Registrar’s power to require documents, information or evidence

65.  At any stage of any proceedings before the registrar, he may direct that such documents, information or evidence as he may require shall be filed within such period as he may specify.