The applicant refused to provide an address for service in the United Kingdom, as required under rule 30(1)(a), on the grounds that the rule contravened the Treaty Establishing the European Community. The Hearing Officer observed that the rule was approved by Parliament and could only be amended by the Secretary of State through the normal statutory process. He also stated that it was not for him to determine whether or not the rule contravened any treaty and that this was consistent with the view taken by Lord Diplock in E’s Application [1983] RPC 231. As the Comptroller has no discretion to waive the requirement, the Hearing Officer concluded that the Office was correct to refuse the application under section 17(3) for failure to meet a formal requirement.
Judges:
Mr M C Wright
Citations:
[2003] UKIntelP o13803
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 22 July 2022; Ref: scu.455560
