Registered Designs Act 1949

15A The nature of registered designs

A registered design or an application for a registered design is personal property (in Scotland, incorporeal moveable property).

15B Assignment, &c of registered designs and applications for registered designs

(1) A registered design or an application for a registered design is transmissible by assignment, testamentary disposition or operation of law in the same way as other personal or moveable property, subject to the following provisions of this section. (2) Any transmission of a registered design or an application for a registered design is subject to any rights vested in any other person of which notice is entered in the register of designs, or in the case of applications, notice is given to the registrar. (3) An assignment of, or an assent relating to, a registered design or application for a registered design is not effective unless it is in writing signed by or on behalf of the assignor or, as the case may be, a personal representative. (4) Except in Scotland, the requirement in subsection (3) may be satisfied in a case where the assignor or personal representative is a body corporate by the affixing of its seal. (5) Subsections (3) and (4) apply to assignment by way of security as in relation to any other assignment. (6) A registered design or application for a registered design may be the subject of a charge (in Scotland, security) in the same way as other personal or moveable property. (7) The proprietor of a registered design may grant a licence to use that registered design. (8) Any equities (in Scotland, rights) in respect of a registered design or an application for a registered design may be enforced in like manner as in respect of any other personal or moveable property.

15C Exclusive licences

(1) In this Act an “exclusive licence” means a licence in writing signed by or on behalf of the proprietor of the registered design authorising the licensee to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the proprietor of the registered design. (2) The licensee under an exclusive licence has the same rights against any successor in title who is bound by the licence as he has against the person granting the licence.

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17 Register of designs etc.

(1) The registrar shall maintain the register of designs, in which shall be entered— (a) the names and addresses of proprietors of registered designs; (b) notices of assignments and of transmissions of registered designs; and (c) such other matters as may be prescribed or as the registrar may think fit. (2) No notice of any trust, whether express, implied or constructive, shall be entered in the registrar of designs, and the registrar shall not be affected by any such notice. (3) The register need not be kept in documentary form. (4) Subject to the provisions of this Act and to rules made by the Secretary of State under it, the public shall have a right to inspect the register at the Patent Office at all convenient times. (5) Any person who applies for a certified copy of an entry in the register or a certified extract from the register shall be entitled to obtain such a copy or extract on payment of a fee prescribed in relation to certified copies and extracts; and rules made by the Secretary of State under this Act may provide that any person who applies for an uncertified copy or extract shall be entitled to such a copy or extract on payment of a fee prescribed in relation to uncertified copies and extracts. (6) Applications under subsection (5) above or rules made by virtue of that subsection shall be made in such manner as may be prescribed. (7) In relation to any portion of the register kept otherwise than in documentary form— (a) the right of inspection conferred by subsection (4) above is a right to inspect the material on the register; and (b) the right to a copy or extract conferred by subsection (5) above or rules is a right to a copy or extract in a form in which it can be taken away and in which it is visible and legible. (8) ... the register shall be prima facie evidence of anything required or authorised by this Act to be entered in it and in Scotland shall be sufficient evidence of any such thing. (9) A certificate purporting to be signed by the registrar and certifying that any entry which he is authorised by or under this Act to make has or has not been made, or that any other thing which he is so authorised to do has or has not been done, shall be prima facie evidence, and in Scotland shall be sufficient evidence, of the matters so certified. (10) Each of the following— (a) a copy of an entry in the register or an extract from the register which is supplied under subsection (5) above; (b) a copy of any representation, specimen or document kept in the Patent Office or an extract from any such document, which purports to be a certified copy or certified extract shall ... be admitted in evidence without further proof and without production of any original; and in Scotland such evidence shall be sufficient evidence. (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12) In this section “ certified copy ” and “ certified extract ” mean a copy and extract certified by the registrar and sealed with the seal of the Patent Office.

18 Certificate of registration.

(1) The registrar shall grant a certificate of registration in the prescribed form to the registered proprietor of a design when the design is registered. (2) The registrar may, in a case where he is satisfied that the certificate of registration has been lost or destroyed, or in any other case in which he thinks it expedient, furnish one or more copies of the certificate.

19 Registration of assignments, etc.

(1) Where any person becomes entitled by assignment, transmission or operation of law to a registered design or to a share in a registered design, or becomes entitled as mortgagee, licensee or otherwise to any other interest in a registered design, he shall apply to the registrar in the prescribed manner for the registration of his title as proprietor or co—proprietor or, as the case may be, of notice of his interest, in the register of designs. (2) Without prejudice to the provisions of the foregoing subsection, an application for the registration of the title of any person becoming entitled by assignment to a registered design or a share in a registered design, or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in a registered design, may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may be. (3) Where application is made under this section for the registration of the title of any person, the registrar shall, upon proof of title to his satisfaction— (a) where that person is entitled to a registered design or a share in a registered design, register him in the register of designs as proprietor or co—proprietor of the design, and enter in that register particulars of the instrument or event by which he derives title; or (b) where that person is entitled to any other interest in the registered design, enter in that register notice of his interest, with particulars of the instrument (if any) creating it. (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3B) Where national unregistered design right subsists in a registered design and the proprietor of the registered design is also the design right owner, an assignment of the national unregistered design right shall be taken to be also an assignment of the right in the registered design, unless a contrary intention appears. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Except for the purposes of an application to rectify the register under the following provisions of this Act, a document in respect of which no entry has been made in the register of designs under subsection (3) of this section shall not be admitted in any court as evidence of the title of any person to a registered design or share of or interest in a registered design unless the court otherwise directs.

20 Rectification of register.

(1) The court may, on the application of the relevant person, order the register of designs to be rectified by the making of any entry therein or the variation or deletion of any entry therein. (1A) In subsection (1) above “the relevant person” means— (a) in the case of an application invoking any ground referred to in section 11ZA(1)(c) of this Act, any person concerned by the use in question; (b) in the case of an application invoking the ground mentioned in section 11ZA(1A) of this Act, the appropriate person; (c) in the case of an application invoking any ground mentioned in section 11ZA(2), (3) or (4) of this Act, the person able to make the objection; (d) in any other case, any person aggrieved. (1B) In subsection (1A) above “the appropriate person” means, in relation to an earlier design protected by virtue of registration under this Act ... or an application for such registration, the registered proprietor of the design ... or (as the case may be) the applicant. (2) In proceedings under this section the court may determine any question which it may be necessary or expedient to decide in connection with the rectification of the register. (3) Notice of any application to the court under this section shall be given in the prescribed manner to the registrar, who shall be entitled to appear and be heard on the application, and shall appear if so directed by the court. (4) Any order made by the court under this section shall direct that notice of the order shall be served on the registrar in the prescribed manner; and the registrar shall, on receipt of the notice, rectify the register accordingly. (5) A rectification of the register under this section has effect as follows— (a) an entry made has effect from the date on which it should have been made, (b) an entry varied has effect as if it had originally been made in its varied form, and (c) an entry deleted shall be deemed never to have had effect, unless, in any case, the court directs otherwise. (6) Orders which may be made by the court under this section include, in particular, declarations of partial invalidity.

21 Power to correct clerical errors.

(1) The registrar may, in accordance with the provisions of this section, correct any error in an application for the registration or in the representation of a design, or any error in the register of designs. (2) A correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request. (3) Where the registrar proposes to make any such correction as aforesaid otherwise than in pursuance of a request made under this section, he shall give notice of the proposal to the registered proprietor or the applicant for registration of the design, as the case may be, and to any other person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction.

22 Inspection of registered designs.

(1) Where a design has been registered under this Act, there shall be open to inspection at the Patent Office on and after the day on which the certificate of registration is granted— (a) the representation or specimen of the design, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This subsection has effect subject to subsection (4) and to any rules made under section 5(2) of this Act. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Where registration of a design has been refused pursuant to an application under this Act, or an application under this Act has been abandoned in relation to any design— (a) the application, so far as relating to that design, and (b) any representation, specimen or other document which has been filed and relates to that design, shall not at any time be open to inspection at the Patent Office or be published by the registrar.

23 Information as to existence of right in registered design.

On the request of a person furnishing such information as may enable the registrar to identify the design, and on payment of the prescribed fee, the registrar shall inform him— (a) whether the design is registered . . ., and (b) whether any extension of the period of the right in the registered design has been granted, and shall state the date of registration and the name and address of the registered proprietor.

24A Action for infringement

(1) An infringement of the right in a registered design is actionable by the registered proprietor. (2) In an action for infringement all such relief by way of damages, injunctions, accounts or otherwise is available to him as is available in respect of the infringement of any other property right. (3) This section has effect subject to section 24B of this Act (exemption of innocent infringer from liability).

24B Exemption of innocent infringer from liability

(1) In proceedings for the infringement of the right in a registered design damages shall not be awarded... against a defendant who proves that at the date of the infringement he was not aware, and had no reasonable ground for supposing, that the design was registered. (2) For the purposes of subsection (1), a person shall not be deemed to have been aware or to have had reasonable grounds for supposing that the design was registered by reason only of the marking of a product with— (a) the word “registered” or any abbreviation thereof, or (b) any word or words expressing or implying that the design applied to, or incorporated in, the product has been registered, unless the number of the design or a relevant internet link accompanied the word or words or the abbreviation in question. (2A) The reference in subsection (2) to a relevant internet link is a reference to an address of a posting on the internet— (a) which is accessible to the public free of charge, and (b) which clearly associates the product with the number of the design. (3) Nothing in this section shall affect the power of the court to grant an injunction in any proceedings for infringement of the right in a registered design.

24C Order for delivery up

(1) Where a person— (a) has in his possession, custody or control for commercial purposes an infringing article, or (b) has in his possession, custody or control anything specifically designed or adapted for making articles to a particular design which is a registered design, knowing or having reason to believe that it has been or is to be used to make an infringing article, the registered proprietor in question may apply to the court for an order that the infringing article or other thing be delivered up to him or to such other person as the court may direct. (2) An application shall not be made after the end of the period specified in the following provisions of this section; and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section 24D of this Act (order as to disposal of infringing article, &c.). (3) An application for an order under this section may not be made after the end of the period of six years from the date on which the article or thing in question was made, subject to subsection (4). (4) If during the whole or any part of that period the registered proprietor— (a) is under a disability, or (b) is prevented by fraud or concealment from discovering the facts entitling him to apply for an order, an application may be made at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts. (5) In subsection (4) “disability”— (a) in England and Wales, has the same meaning as in the Limitation Act 1980; (b) in Scotland, means legal disability within the meaning of the Prescription and Limitation (Scotland) Act 1973; (c) in Northern Ireland, has the same meaning as in the Statute of Limitations (Northern Ireland) 1958. (6) A person to whom an infringing article or other thing is delivered up in pursuance of an order under this section shall, if an order under section 24D of this Act is not made, retain it pending the making of an order, or the decision not to make an order, under that section. (7) The reference in subsection (1) to an act being done in relation to an article for “commercial purposes” are to its being done with a view to the article in question being sold or hired in the course of a business. (8) Nothing in this section affects any other power of the court.

24D Order as to disposal of infringing articles, &c

(1) An application may be made to the court for an order that an infringing article or other thing delivered up in pursuance of an order under section 24C of this Act shall be— (a) forfeited to the registered proprietor, or (b) destroyed or otherwise dealt with as the court may think fit, or for a decision that no such order should be made. (2) In considering what order (if any) should be made, the court shall consider whether other remedies available in an action for infringement of the right in a registered design would be adequate to compensate the registered proprietor and to protect his interests. (3) Where there is more than one person interested in an article or other thing, the court shall make such order as it thinks just and may (in particular) direct that the thing be sold, or otherwise dealt with, and the proceeds divided. (4) If the court decides that no order should be made under this section, the person in whose possession, custody or control the article or other thing was before being delivered up is entitled to its return. (5) References in this section to a person having an interest in an article or other thing include any person in whose favour an order could be made in respect of it— (a) under this section; (b) under section 19 of Trade Marks Act 1994 ...; or (c) under section 114, 204 or 231 of the Copyright, Designs and Patents Act 1988; ... (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24E Jurisdiction of county court and sheriff court

(1) In Northern Ireland a county court may entertain proceedings under the following provisions of this Act— section 24C (order for delivery up of infringing article, &c.), section 24D (order as to disposal of infringing article, &c.), or section 24F(8) (application by exclusive licensee having concurrent rights), where the value of the infringing articles and other things in question does not exceed the county court limit for actions in tort. (2) In Scotland proceedings for an order under any of those provisions may be brought in the sheriff court. (3) Nothing in this section shall be construed as affecting the jurisdiction of the Court of Session or the High Court in Northern Ireland.

24F Rights and remedies of exclusive licensee

(1) In relation to a registered design, an exclusive licensee has, except against the registered proprietor, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment. (2) His rights and remedies are concurrent with those of the registered proprietor; and references to the registered proprietor in the provisions of this Act relating to infringement shall be construed accordingly. (3) In an action brought by an exclusive licensee by virtue of this section a defendant may avail himself of any defence which would have been available to him if the action had been brought by the registered proprietor. (4) Where an action for infringement of the right in a registered design brought by the registered proprietor or an exclusive licensee relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action, the proprietor or, as the case may be, the exclusive licensee may not, without the leave of the court, proceed with the action unless the other is either joined as a claimant or added as a defendant. (5) A registered proprietor or exclusive licensee who is added as a defendant in pursuance of subsection (4) is not liable for any costs in the action unless he takes part in the proceedings. (6) Subsections (4) and (5) do not affect the granting of interlocutory relief on the application of the registered proprietor or an exclusive licensee. (7) Where an action for infringement of the right in a registered design is brought which relates (wholly or partly) to an infringement in respect of which the registered proprietor and an exclusive licensee have concurrent rights of action— (a) the court shall, in assessing damages, take into account— (i) the terms of the licence, and (ii) any pecuniary remedy already awarded or available to either of them in respect of the infringement; (b) no account of profits shall be directed if an award of damages has been made, or an account of profits has been directed, in favour of the other of them in respect of the infringement; and (c) the court shall if an account of profits is directed apportion the profits between them as the court considers just, subject to any agreement between them; and these provisions apply whether or not the proprietor and the exclusive licensee are both parties to the action. (8) The registered proprietor shall notify any exclusive licensee having concurrent rights before applying for an order under section 24C of this Act (order for delivery up of infringing article, &c); and the court may on the application of the licensee make such order under that section as it thinks fit having regard to the terms of the licence.

24G Meaning of “infringing article”

(1) In this Act “infringing article”, in relation to a design, shall be construed in accordance with this section. (2) An article is an infringing article if its making to that design was an infringement of the right in a registered design. (3) An article is also an infringing article if— (a) it has been or is proposed to be imported into the United Kingdom, and (b) its making to that design in the United Kingdom would have been an infringement of the right in a registered design or a breach of an exclusive licensing agreement relating to that registered design. (4) Where it is shown that an article is made to a design which is or has been a registered design, it shall be presumed until the contrary is proved that the article was made at a time when the right in the registered design subsisted. (5) Nothing in subsection (3) shall be construed as applying to an article which— (a) may be lawfully imported into the United Kingdom by virtue of anything which forms part of assimilated law as a result of section 3 of the European Union (Withdrawal) Act 2018, or (b) has been or is proposed to be imported into the United Kingdom after being put on the market in the European Economic Area by or with the consent of the proprietor of the registered design. (6) In subsection (5)(a), the reference to assimilated law is to be read, until the coming into force of paragraph 2(6) of Schedule 2 to the Retained EU Law (Revocation and Reform) Act 2023, as a reference to retained EU law.

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25 Certificate of contested validity of registration.

(1) If in any proceedings before the court the validity of the registration of a design is contested, and it is found by the court that the design is , to any extent, validly registered, the court may certify that the validity of the registration of the design was contested in those proceedings. (2) Where any such certificate has been granted, then if in any subsequent proceedings before the court for infringement of the right in the registered design or for invalidation of the registration of the design, a final order or judgment is made or given in favour of the registered proprietor, he shall, unless the court otherwise directs, be entitled to his costs as between solicitor and client: Provided that this subsection shall not apply to the costs of any appeal in any such proceedings as aforesaid.

25A Privilege for communications with those on the special list of professional designs representatives

(1) This section applies to communications as to any matter relating to the protection of a design as a registered design. (2) Any such communication— (a) between a person and a professional designs representative; or (b) for the purposes of obtaining, or in response to a request for, information which a person is seeking for the purpose of instructing a professional designs representative, is privileged from, or in Scotland protected against, disclosure in legal proceedings in the same way as a communication between a person and a solicitor or, as the case may be, a communication for the purpose of obtaining, or in response to a request for, information which a person is seeking for the purpose of instructing a solicitor. (3) In subsection (2) “professional designs representative” means a person whose name appears on the special list of professional representatives for design matters maintained by the European Union Intellectual Property Office referred to in Article 78(4) of Council Regulation (EC) 6/2002 of 12th December 2001 on Community designs as it has effect in EU law.

26 Threats of infringement proceedings

(1) A communication contains a “threat of infringement proceedings” if a reasonable person in the position of a recipient would understand from the communication that— (a) a registered design exists, and (b) a person intends to bring proceedings (whether in a court in the United Kingdom or elsewhere) against another person for infringement of the right in the registered design by— (i) an act done in the United Kingdom, or (ii) an act which, if done, would be done in the United Kingdom. (2) References in this section and in section 26C to a “recipient” include, in the case of a communication directed to the public or a section of the public, references to a person to whom the communication is directed.

26A Actionable threats

(1) Subject to subsections (2) to (5), a threat of infringement proceedings made by any person is actionable by any person aggrieved by the threat. (2) A threat of infringement proceedings is not actionable if the infringement is alleged to consist of— (a) making a product for disposal, or (b) importing a product for disposal. (3) A threat of infringement proceedings is not actionable if the infringement is alleged to consist of an act which, if done, would constitute an infringement of a kind mentioned in subsection (2)(a) or (b). (4) A threat of infringement proceedings is not actionable if the threat— (a) is made to a person who has done, or intends to do, an act mentioned in subsection (2)(a) or (b) in relation to a product, and (b) is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to that product. (5) A threat of infringement proceedings which is not an express threat is not actionable if it is contained in a permitted communication. (6) In sections 26C and 26D an “actionable threat” means a threat of infringement proceedings that is actionable in accordance with this section.

26B Permitted communications

(1) For the purposes of section 26A(5), a communication containing a threat of infringement proceedings is a “permitted communication” if— (a) the communication, so far as it contains information that relates to the threat, is made for a permitted purpose; (b) all of the information that relates to the threat is information that— (i) is necessary for that purpose (see subsection (5)(a) to (c) for some examples of necessary information), and (ii) the person making the communication reasonably believes is true. (2) Each of the following is a “permitted purpose”— (a) giving notice that a registered design exists; (b) discovering whether, or by whom, the right in a registered design has been infringed by an act mentioned in section 26A(2)(a) or (b); (c) giving notice that a person has a right in or under a registered design, where another person's awareness of the right is relevant to any proceedings that may be brought in respect of the registered design. (3) The court may, having regard to the nature of the purposes listed in subsection (2)(a) to (c), treat any other purpose as a “permitted purpose” if it considers that it is in the interests of justice to do so. (4) But the following may not be treated as a “permitted purpose”— (a) requesting a person to cease doing, for commercial purposes, anything in relation to a product in which a design is incorporated or to which it is applied, (b) requesting a person to deliver up or destroy a product in which a design is incorporated or to which it is applied, or (c) requesting a person to give an undertaking relating to a product in which a design is incorporated or to which it is applied. (5) If any of the following information is included in a communication made for a permitted purpose, it is information that is “necessary for that purpose” (see subsection (1)(b)(i))— (a) a statement that a right in a registered design exists and is in force or that an application for registration of a design has been made; (b) details of the registered design, or of a right in or under the right in the registered design, which— (i) are accurate in all material respects, and (ii) are not misleading in any material respect; and (c) information enabling the identification of the products in which the registered design is allegedly incorporated or to which the registered design is allegedly applied.

26C Remedies and defences

(1) Proceedings in respect of an actionable threat may be brought against the person who made the threat for— (a) a declaration that the threat is unjustified; (b) an injunction against the continuance of the threat; (c) damages in respect of any loss sustained by the aggrieved person by reason of the threat. (2) It is a defence for the person who made the threat to show that the act in respect of which proceedings were threatened constitutes (or if done would constitute) an infringement of the right in the registered design. (3) It is a defence for the person who made the threat to show— (a) that, despite having taken reasonable steps, the person has not identified anyone who has done an act mentioned in section 26A(2)(a) or (b) in relation to the product which is the subject of the threat, and (b) that the person notified the recipient, before or at the time of making the threat, of the steps taken.

26D Professional advisers

(1) Proceedings in respect of an actionable threat may not be brought against a professional adviser (or any person vicariously liable for the actions of that professional adviser) if the conditions in subsection (3) are met. (2) In this section “professional adviser” means a person who, in relation to the making of the communication containing the threat— (a) is acting in a professional capacity in providing legal services or the services of a trade mark attorney or a patent attorney, and (b) is regulated in the provision of legal services, or the services of a trade mark attorney or a patent attorney, by one or more regulatory bodies (whether through membership of a regulatory body, the issue of a licence to practise or any other means). (3) The conditions are that— (a) in making the communication the professional adviser is acting on the instructions of another person, and (b) when the communication is made the professional adviser identifies the person on whose instructions the adviser is acting. (4) This section does not affect any liability of the person on whose instructions the professional adviser is acting. (5) It is for a person asserting that subsection (1) applies to prove (if required) that at the material time— (a) the person concerned was acting as a professional adviser, and (b) the conditions in subsection (3) were met.

26E Supplementary: pending registration

(1) In sections 26 and 26B references to a registered design include references to a design in respect of which an application for registration has been made under section 3. (2) Where the threat of infringement proceedings is made after an application for registration has been made (but before registration) the reference in section 26C(2) to “the registered design” is to be treated as a reference to the design registered in pursuance of that application.

26F Supplementary: proceedings for delivery up etc.

In section 26(1)(b) the reference to proceedings for infringement of the right in a registered design includes a reference to— (a) proceedings for an order under section 24C (order for delivery up), and (b) proceedings for an order under section 24D (order as to disposal of infringing articles).

27 The court.

(1) In this Act “ the court ” means— (a) in England and Wales the High Court, (b) in Scotland, the Court of Session, and (c) in Northern Ireland, the High Court. (2) Provision may be made by rules of court with respect to proceedings in the High Court in England and Wales for references and applications under this Act to be dealt with by such judge of that court as the Lord Chief Justice of England and Wales may, after consulting the Lord Chancellor, select for the purpose. (3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

27A Appeals from decisions of registrar

(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.

27B Persons appointed to hear and determine appeals

(1) A person is not eligible for appointment under section 27A(1)(a) unless the person— (a) satisfies the judicial-appointment eligibility condition on a 5-year basis, (b) is an advocate or solicitor in Scotland of at least 5 years' standing, (c) is a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least 5 years' standing, or (d) has held judicial office. (2) An appointed person must hold and vacate office in accordance with his terms of appointment, subject to subsections (3) to (5). (3) An appointed person is to be paid such remuneration (whether by way of salary or fees) and such allowances as the Secretary of State may with the approval of the Treasury decide. (4) An appointed person may resign office by notice in writing to the Lord Chancellor. (5) The Lord Chancellor may by notice in writing remove an appointed person (“A”) from office if— (a) A has become bankrupt or made an arrangement with A's creditors or, in Scotland, A's estate has been sequestrated or A has executed a trust deed for A's creditors or entered into a composition contract, (b) A is incapacitated by physical or mental illness, or (c) A is, in the opinion of the Lord Chancellor, otherwise unable or unfit to perform A's duties as an appointed person. (6) Before exercising a power under section 27A or this section, the Lord Chancellor must consult the Secretary of State. (7) The Lord Chancellor may remove a person from office under subsection (5) only with the concurrence of the appropriate senior judge. (8) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless— (a) the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or (b) the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

28 The Appeal Tribunal.

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28A Opinions on designs

(1) The Secretary of State may by regulations make provision about the making of requests to the registrar for an opinion on specified matters relating to— (a) designs registered under this Act; (b) designs of such other description as may be specified. (2) The regulations must require the registrar to give an opinion in response to a request made under the regulations, except— (a) in specified cases or circumstances, or (b) where for any reason the registrar considers it inappropriate in all the circumstances to do so. (3) The regulations may provide that a request made under the regulations must be accompanied by— (a) a fee of a specified amount; (b) specified information. (4) The regulations must provide that an opinion given by the registrar under the regulations is not binding for any purposes. (5) The regulations must provide that neither the registrar nor any examiner or other officer of the Patent Office is to incur any liability by reason of or in connection with— (a) any opinion given under the regulations, or (b) any examination or investigation undertaken for the purpose of giving such an opinion. (6) An opinion given by the registrar under the regulations is not to be treated as a decision of the registrar for the purposes of section 27A. (7) But the regulations must provide for an appeal relating to an opinion given under the regulations to be made to a person appointed under section 27A; and the regulations may make further provision in relation to such appeals. (8) The regulations may confer discretion on the registrar. (9) Regulations under this section— (a) may make different provision for different purposes; (b) may include consequential, incidental, supplementary, transitional, transitory or saving provision. (10) In this section, “specified” means specified in regulations under this section.

29 Exercise of discretionary powers of registrar.

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, 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.

30 Costs and security for costs.

(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 invalidation of the registration of a design, (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.

31 Evidence before registrar.

(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 Senior Courts or of the Court of Judicatureas 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.

31A Power to require use of forms

(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.

32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33 Offences under s. 5.

(1) If any person fails to comply with any direction given under section five of this Act or makes or causes to be made an application for the registration of a design in contravention of that section, he shall be guilty of an offence and liable— (a) on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both; (b) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34 Falsification of register, etc.

If any person makes or causes to be made a false entry in the register of designs, or a writing falsely purporting to be a copy of an entry in that register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of an offence and liable— (a) on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both; (b) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both.