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STATUTORY INSTRUMENTS
1999 No. 3195
DESIGNS
The Design Right (Proceedings before Comptroller)
(Amendment) Rules 1999
Made - - - - - 29th November 1999
Laid before Parliament 30th November 1999
Coming into force - - 22nd December 1999
The Secretary of State, in exercise of the powers conferred upon him by section 250 of the
Copyright, Designs and Patents Act 1988( a) and after consultation with the Council on
Tribunals pursuant to section 8(1) of the Tribunals and Inquiries Act 1992( b), hereby makes
the following Rules—
Citation, commencement and transitional
1.—(1) These Rules may be cited as the Design Right (Proceedings before Comptroller)
(Amendment) Rules 1999 and subject to paragraph (2) shall come into force on 22ndDecember 1999.
(2) Rules 3, 4 and 6 of these Rules shall not apply to any proceeding commenced before the
Comptroller before the entry into force of these Rules but shall apply to such proceedings as
from 26th April 2000.
2. The Design Right (Proceedings before Comptroller) Rules 1989( c) shall be amended
as follows.
3. In rule 4 (Comptroller’s directions), after the word “appropriate” there shall be
inserted—
“including directing the party or parties to attend a case management conference or a pre-
hearing review or both.”.
4. In rule 5 (procedure and evidence at hearing)—
(a) in paragraphs (1) and (2) after the words “statutory declaration” insert the words
“, witness statement”;
(b) after paragraph (6) insert
“(7) The Comptroller may give a direction as he thinks ﬁt in any particular case that
evidence shall be given by a ﬃdavit or statutory declaration instead of or in addition
to a witness statement.
(8) Where in proceedings before the Comptroller, a party adduces evidence of a
statement made by a person otherwise than while giving oral evidence in theproceedings and does not call that person as a witness, the Comptroller may, if hethinks ﬁt, permit any other party to the proceedings to call that person as a witnessand cross-examine him on the statement as if he had been called by the ﬁrst-mentioned party and as if the statement were his evidence in chief.”.
a)( 1988 c. 48.
b)( 1992 c. 53.
c)( S.I. 1989/1130.
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5. After rule 18 (evidence) insert—
“18(A) Any witness statement ﬁled under these Rules shall—
(a) be a written statement signed and dated by a person which contains the evidence
which the person signing it would be allowed to give orally; and
(b) include a statement by the intended witness that he believes the facts in it are true.”.
6. In rule 20 (time), for paragraph (1) substitute—
“(1) The times or periods prescribed by these Rules for doing any act or taking any
proceedings thereunder may be extended or shortened by the Comptroller if he thinks ﬁt,upon such notice and upon such terms as he may direct, and an extension may be grantedalthough the time for doing such act or taking such proceedings has already expired.”.
7. In rule 21 (hours of business)
(a) in (a) and (b), for the reference to the time denoted by the words “10.00 am” substitute
the words “9.00 a.m.”
(b) in (b) for the reference to the time denoted by the words “4.00 p.m.” substitute the
words “5.00 p.m.”.
(c) after the words “Christmas Day” insert the words “, Tuesday 4th January 2000”.
Kim Howells,
Parliamentary Under Secretary of State
for Consumers and Corporate A ﬀairs,
Department of Trade and Industry 29th November 1999
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EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules amend the Design Right (Proceedings before Comptroller) Rules 1989 (S.I.
1989/1130). These Rules—
(a) make provision for the Comptroller to give directions to the parties to attend a case
management conference or pre-hearing review (rule 3);
(b) make provision for witness statements to be given in evidence and for the calling of
witnesses in certain circumstances (rules 4 and 5);
(c) make provision for the Comptroller to vary time limits where he considers it
appropriate (rule 6);
(d) extend the hours for certain transactions of business of the Patent O ﬃce, to between
9 a.m. and 5 p.m. on business days (rule 7); and
(e) make Tuesday 4th January 2000 an excluded day; that is to say a day on which the
Patent O ﬃce is closed for the purposes of the transaction by the public of business
with that O ﬃce (rule 7);
These Rules take e ﬀect on 22nd December 1999 save that rules 3, 4 and 6 shall not apply to any
proceedings already begun before the Comptroller at the time of entry into force of these Rulesbut that they should apply to such proceedings from 26th April 2000.
A Regulatory Impact assessment is available, copies of which have been placed in the libraries
of both Houses of Parliament. Copies of the assessment are also available from the Patents andDesigns Directorate, Concept House, Cardi ﬀRoad, Newport NP9 1RH.
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STATUTORY INSTRUMENTS
1999 No. 3195
DESIGNS
The Design Right (Proceedings before Comptroller)
(Amendment) Rules 1999
£1.50
?Crown copyright 1999
Printed and published in the UK by The Stationery O ﬃce Limited
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