Section 251 References and appeals on design right matters.

United Kingdom

(1)

In any proceedings before him under section 246 (reference of matter relating to design right), the comptroller may at any time order the whole proceedings or any question or issue (whether of fact or law) to be referred, on such terms as he may direct, to the High Court or, in Scotland, the Court of Session.

(2)

The comptroller shall make such an order if the parties to the proceedings agree that he should do so.

(3)

On a reference under this section the court may exercise any power available to the comptroller by virtue of this Part as respects the matter referred to it and, following its determination, may refer any matter back to the comptroller.

(4)

An appeal lies from any decision of the comptroller in proceedings before him under section 246 (decisions on matters relating to design right) to F1—

(a)

the High Court or, in Scotland, the Court of Session F2, or

(b)

a person appointed under section 27A of the Registered Designs Act 1949.

Annotations

Textual amendments

F1: Words in s. 251(4) renumbered as s. 251(4)(a) (6.4.2015) by Intellectual Property Act 2014 (c. 18), ss. 10(8)(a), 24(1); S.I. 2015/165, art. 3
F2: S. 251(4)(b) and word preceding it inserted (6.4.2015) by Intellectual Property Act 2014 (c. 18), ss. 10(8)(b), 24(1); S.I. 2015/165, art. 3

Notes on Part III

Modifications

C1: Pt. 3 modified by S.I. 1989/1100, arts. 3-9, Sch. (as amended (1.1.2024) by S.I. 2023/1285, regs. 1(2), 2(2))