OpenLegislation

Paragraph 23

Original text. Later amendments are not shown.

(1)

In section 20(1)f1 (applications for rectification) for “any person aggrieved” substitute “the relevant person”.

(2)

After section 20(1) insert—

“(1A)

In subsection (1) above “the relevant person” means—

(a)

in the case of an application invoking any ground referred to in section 1A(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 1A(2) 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.”

(3)

After section 20(5) insert—

“(6)

Orders which may be made by the court under this section include, in particular, declarations of partial invalidity.”

Annotations

Footnotes

f1

Section 20 was amended by the 1988 Act Schedule 3 paragraph 11.