Act of Sederunt (Rules of the Court of Session 1994) 1994

Appeals from Comptroller

55.14.—(1) Subject to the following paragraphs of this rule, an appeal under the Act of 1949, the Act of 1977 or the Copyright Act of 1988 from a decision of the Comptroller shall be heard in the Outer House by the patents judge.

(2) In the application of Part III of Chapter 41 (appeals in Form 49.19) by virtue of rule 41.43 (appeals to Lord Ordinary) to an appeal under paragraph (1) of this rule–

(a) for references to the Inner House there shall be substituted references to the patents judge; and

(b) the following paragraphs of this rule shall apply.

(3) Subject to paragraph (4), an appeal shall be lodged in the General Department–

(a) in the case of a decision on a matter of procedure, within 14 days after the date of the decision; and

(b) in any other case, within 6 weeks after the date of the decision.

(4) Except with the leave of the court, no appeal under this rule shall be entertained unless it has been lodged within the period specified in paragraph (3) or within such further period as the Comptroller may allow on an application made to him before the expiry of that period.

(5) Any determination by the Comptroller that a decision is on a matter of procedure shall be treated as being itself a decision on a matter of procedure.

(6) In the application of paragraph (1) of rule 41.21 (orders for service and answers), the order under that paragraph shall include a requirement to–

(a) intimate the appeal to the Comptroller; and

(b) serve the appeal on every other party to the proceedings before the Comptroller.

(7) On receiving intimation of the appeal, the Comptroller shall forthwith transmit to the Deputy Principal Clerk all the papers relating to the matter which is the subject of the appeal.

(8) A respondent who, not having appealed from the decision of the Comptroller, wishes to contend at the hearing of the appeal that the decision or the grounds of the decision should be varied shall–

(a) specify the grounds of that contention in his answers; and

(b) intimate those answers to the Comptroller and to every other party to the proceedings before the Comptroller.

(9) Intimation of the date of the hearing of the appeal shall be made to the Comptroller by the appellant not less than 7 days before that date, unless the court otherwise directs.

(10) An appeal under this rule shall be a re-hearing and the evidence led on appeal shall be the same as that led before the Comptroller; and, except with the leave of the court, no further evidence shall be led.