Section 10 | Legal Proceedings And Appeals | Intellectual Property Act 2014 C18

10 Legal proceedings and appeals

Intellectual Property Act 2014 (2014 c 18) | Legislation

10 Legal proceedings and appeals

(1) In section 24B of the Registered Designs Act 1949 (exemption of innocent infringer from liability), in subsection (1), omit “, and no order shall be made for an account of profits,”.

(2) After section 27 of that Act insert—

“27A Appeals from decisions of registrar

(1) An appeal against a decision of the registrar under this Act may be made to—

(a) a person appointed by the Lord Chancellor (an “appointed person”), or

(b) the court.

(2) On an appeal under this section to an appointed person, the appointed person may refer the appeal to the court if—

(a) it appears to the appointed person that a point of general legal importance is involved,

(b) the registrar requests that the appeal be so referred, or

(c) such a request is made by any party to the proceedings before the registrar in which the decision appealed against was made.

(3) Before referring an appeal to the court under subsection (2), the appointed person must give the appellant and any other party to the appeal an opportunity to make representations as to whether it should be so referred.

(4) Where, on an appeal