HL Deb 15 July 1994 vol 556 cc2104-5

4 After Clause 72, insert the following clause:

Appeals from the registrar

  1. '.—(1) An appeal lies from any decision of the registrar under this Act, except as otherwise expressly provided by rules.
  2. (2) Any such appeal may be brought either to an appointed person or to the court.
  3. (3) Where an appeal is made to an appointed person, he may refer the appeal to the court if—
    1. (a) it appears to him that a point of general legal importance is involved,
    2. (b) the registrar requests that it be so referred, or
    3. (c)such a request is made by any party to the proceedings before the registrar in which the decision appealed against was made.
      • Before doing so the appointed person shall give the appellant and any other party to the appeal an opportunity to make representations as to whether the appeal should be referred to the court.
  4. (4) Where an appeal is made to an appointed person and he does not refer it to the court, he shall hear and determine the appeal and his decision shall be final.
  5. (5) The provisions of sections 65 and 66 (costs and security for costs; evidence) apply in relation to proceedings before an appointed person as in relation to proceedings before the registrar.'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 4. I should like to speak also to Amendments Nos. 5, 6, 16, 18 and 19. All those amendments address concerns about the provision in the Bill for appeals.

The effect of the clauses is to retain the existing appeals procedure so that an appellant has the option of appealing to an appointed person or to the court. Thus the Bill provides a cheap and quick alternative means of appeal. The jurisdiction of the appointed person has been extended to deal with disputes between an applicant or an owner of a trade mark and a person seeking to contest the registration. I hope that that coverage meets with the agreement of the House. I beg to move.

Moved, That the House do agree with the Commons in their Amendment No. 4.—(Lord Strathclyde.)

On Question, Motion agreed to.