Act of Sederunt (Copyright, Designs and Patents) (Amendment) 1994

Made: 30th November 1994

Coming into force: 22nd December 1994

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 32 of the Sheriff Courts (Scotland) Act 1971[^f00001], section 19(3) of the Trade Marks Act 1994[^f00002] and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Copyright, Designs and Patents) (Amendment) 1994 and shall come into force on 22nd December 1994.

• (2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of Act of Sederunt (Copyright, Designs and Patents) 1990

2

The Act of Sederunt (Copyright, Designs and Patents) 1990[^f00003] shall be amended as follows:—

• (a) in paragraph 1(3) (citation and commencement), omit the definition of the 1938 Act and insert at the end the following:

; and - “the 1994 Act” means the Trade Marks Act 1994.

• (b) in paragraph 2 (orders for delivery up, forfeiture, destruction or other disposal), omit sub-paragraph (1);

• (c) in paragraph 2(2), after the words “the 1988 Act”, insert the words “or under section 16 or 19 of the 1994 Act”;

• (d) in paragraph 3(1) (service of notice on interested persons), for the words “section 58C of the 1938 Act”, substitute the words “section 19 of the 1994 Act”.

Signed

J.A.D. Hope — Lord President, I.P.D. — 30th November 1994

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Copyright, Designs and Patents) 1990 by deleting reference to section 58C of the Trade Marks Act 1938, now repealed, and by making provision for the procedure for an application under sections 16 and 19 of the Trade Marks Act 1994.

Footnotes

[^f00001]: 1971 c. 58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12 and the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4).

[^f00002]: 1994 c. 26.

[^f00003]: S.I. 1990/380.