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Fee-paid Appointed Person, Appeal Tribunal, Trade Marks and Fee-paid Appointed Person, Appeal Tribunal, Registered and Unregistered Design
The Judicial Appointments Commission (JAC) has been asked to identify candidates for the following positions:
- 4 Fee-paid Appointed Person, Appeal Tribunal, Trade Marks; and
- 1 Fee-paid Appointed Person, Appeal Tribunal, Registered and Unregistered Designs.
This exercise involves 2 complementary jurisdictions and candidates are welcome to apply for either or both jurisdictions.
Appointed Persons hear ex-parte and inter-partes appeals from decisions by the Registrar of Trade Marks’ Hearing Officers in accordance with Section 76 of the Trade Marks Act 1994.
Registered and Unregistered Designs
Appointed Persons will hear ex-parte and inter-partes appeals from decisions by Officers of the Intellectual Property Office (IPO), acting on behalf of the Comptroller of Patents, Designs and Trade Marks under the Registered Designs Act 1949, and the Copyright, Designs and Patents Act 1988, and appeals relating to opinions under the IPO’s new opinions service. "Although the RDA 1949 makes reference to an appeal to the AP in relation to design opinions, this aspect of the role would only be operative in the event of further order being made to implement the regime."
The successful candidate for Designs must be able to hear appeals in registered design cancellation cases.
The main activities of an Appointed Person in both roles are as follows:
- Reading and assimilating papers in a case before it commences
- Ensuring that all parties are enabled to have their cases presented, and have them considered, as fully and fairly as possible and in a timely manner
- Deciding issues of trade mark and/or design and general law and procedure which may arise during a case
- Reviewing the decision under appeal, determining whether the relevant law has been applied to the facts found and (where appropriate) examining the facts from evidence presented and considering whether the decision was procedurally fair
- Giving a reasoned decision either orally at the hearing or subsequently in writing
- Giving directions for the conduct of cases including cases to be transferred to the High Court or (subject to withdrawal of the United Kingdom from membership of the European Union) referred to the Court of Justice of the European Union
- Assessing and making awards of costs
- Giving any directions necessary to give effect to the determination
- Pro-actively keeping abreast of the development of both United Kingdom and corresponding aspects of European trademark and/or European design law and practice, including attending annual meetings with the Registry
Who can apply
The Appointed Persons posts are open to:
- solicitors and barristers in England, Wales and Northern Ireland with 5 years’ post qualification experience
- advocates and solicitors in Scotland with 5 years’ post qualification experience
- those who have held judicial office
- patent and trade mark attorneys registered with the Chartered Institute of Patent Attorneys (CIPA) or the Chartered Institute of Trade Mark Attorneys (CITMA) for a period of at least 5 years
Candidates must have knowledge of intellectual property law and experience of applying the law.
Candidates should also be able to offer a reasonable length of service, usually of 5 years, before the statutory retirement age of 70.
General information about the recruitment process - including competency frameworks, how to apply and what to consider when completing a self-assessment - is available on the JAC website.
Check this webpage regularly for updates and sign up for alerts to receive email notifications concerning the progress of this exercise.