lexiara

Section 246

CDPA 1988

A party to a dispute as to any of the following matters may refer the dispute to the comptroller for his decision— and the comptroller’s decision on the reference is binding on the parties to the dispute. the subsistence of design right, the term of design right, or the identity of the person in whom design right first vested; No other court or tribunal shall decide any such matter except— on a reference or appeal from the comptroller, in infringement or other proceedings in which the issue arises incidentally, or in proceedings brought with the agreement of the parties or the leave of the comptroller. The comptroller has jurisdiction to decide any incidental question of fact or law arising in the course of a reference under this section.

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Source: legislation.gov.uk · retrieved 2026-09-04