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Registered Designs Act 1949, Section 27A is up to date with all changes known to be in force on or before 23 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)An appeal against a decision of the registrar under this Act may be made to—
(a)a person appointed by the Lord Chancellor (an “appointed person”), or
(b)the court.
(2)On an appeal under this section to an appointed person, the appointed person may refer the appeal to the court if—
(a)it appears to the appointed person that a point of general legal importance is involved,
(b)the registrar requests that the appeal be so referred, or
(c)such a request is made by any party to the proceedings before the registrar in which the decision appealed against was made.
(3)Before referring an appeal to the court under subsection (2), the appointed person must give the appellant and any other party to the appeal an opportunity to make representations as to whether it should be so referred.
(4)Where, on an appeal under this section to an appointed person, the appointed person does not refer the appeal to the court—
(a)the appointed person must hear and determine the appeal, and
(b)the appointed person's decision is final.
(5)Sections 30 and 31 (costs, evidence) apply to proceedings before an appointed person as they apply to proceedings before the registrar.
(6)In the application of this section to England and Wales, “the court” means the High Court.]
Textual Amendments
F1Ss. 27A, 27B inserted (15.7.2014 for specified purposes, 6.4.2015 in so far as not already in force) by Intellectual Property Act 2014 (c. 18), ss. 10(2), 24(1); S.I. 2014/1715, art. 3; S.I. 2015/165, art. 3
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