Article 5 Appeal to appointed person

In respect of a registered design, notice of appeal to the appointed person must be filed on the published form, which must include the appellant’s grounds of appeal and his case in support of the appeal, together with any supporting documentation.

In respect of design right, notice of appeal to the appointed person must be filed on Form DRF 55 in the Schedule, which must include the appellant’s grounds of appeal and his case in support of the appeal, together with any supporting documentation.

The forms referred to in paragraphs (1) and (2) must be filed within the period of 28 days beginning immediately after the date of the registrar’s decision which is the subject of the appeal (“the original decision”).

The registrar must send the notice of appeal and the statement to the appointed person.

Where any person other than the appellant was a party to the proceedings before the registrar in which the original decision was made (“the respondent”), the registrar must send to the respondent a copy of the notice and the statement and the respondent may, within the period of 21 days beginning immediately after the date of the notice and statement, file a notice responding to the notice of appeal.

The respondent’s notice must specify any grounds on which the respondent considers the original decision should be maintained where these differ from or are additional to the grounds given by the registrar or comptroller in the original decision.

The registrar must send a copy of the respondent’s notice to the appointed person and a copy to the appellant.