Registered Designs Act 1949

1. Introductory Text

2. Registrable designs and proceedings for registration

   1. 1. Registration of designs.

   2. 1A. Substantive grounds for refusal of registration.

   3. 1B. Requirement of novelty and individual character.

   4. 1C. Designs dictated by their technical function.

   5. 1D. Designs contrary to public policy or morality.

   6. 2. Proprietorship of designs.

   7. 3. Applications for registration.

   8. 3A. Determination of applications for registration.

   9. 3B. Modification of applications for registration.

   10. 3C. Date of registration of designs.

   11. 3D. Appeals in relation to applications for registration.

   12. 4. Registrable designs and proceedings for registration

   13. 5. Provisions for secrecy of certain designs.

   14. 6. Registrable designs and proceedings for registration

3. Effect of registration, etc.

   1. 7. Right given by registration.

   2. 7A. Infringements of rights in registered designs.

   3. 7B. Right of prior use

   4. 8. Duration of right in registered design.

   5. 8A. Restoration of lapsed right in design.

   6. 8B. Effect of order for restoration of right.

   7. 9. Exemption of innocent infringer from liability for damages.

   8. 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   9. 11. Cancellation of registration.

   10. 11ZA. Grounds for invalidity of registration.

   11. 11ZB. Applications for declaration of invalidity.

   12. 11ZC. Determination of applications for declaration of invalidity.

   13. 11ZD. Modification of registration.

   14. 11ZE. Effect of cancellation or invalidation of registration.

   15. 11ZF. Appeals in relation to cancellation or invalidation.

   16. 11A. Powers exercisable for protection of the public interest.

   17. 11AB. Powers exercisable following merger and market investigations

   18. 11B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   19. 12. Use for services of the Crown.

   20. 12A. Application of the Act to certain registered Community designs

   21. 12B. Application of the Act to certain international designs

4. International Arrangements

   1. 13. Orders in Council as to convention countries.

   2. 14. Registration of design where application for protection in convention country has been made.

   3. 15. Extension of time for applications under s. 14 in certain cases.

   4. 15ZA. Accession to the Hague Agreement

5. Property in and dealing with registered designs and applications

   1. 15A. The nature of registered designs

   2. 15B. Assignment, &c of registered designs and applications for registered designs

   3. 15C. Exclusive licences

   4. 16. International Arrangements

6. Register of designs, etc .

   1. 17. Register of designs etc.

   2. 18. Certificate of registration.

   3. 19. Registration of assignments, etc.

   4. 20. Rectification of register.

   5. 21. Power to correct clerical errors.

   6. 22. Inspection of registered designs.

   7. 23. Information as to existence of right in registered design.

7. Legal proceedings: general

   1. 24A. Action for infringement

   2. 24B. Exemption of innocent infringer from liability

   3. 24C. Order for delivery up

   4. 24D. Order as to disposal of infringing articles, &c

   5. 24E. Jurisdiction of county court and sheriff court

   6. 24F. Rights and remedies of exclusive licensee

   7. 24G. Meaning of “infringing article”

   8. 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   9. 25. Certificate of contested validity of registration.

   10. 25A. Privilege for communications with those on the special list of professional designs representatives

8. Unjustified threats

   1. 26. Threats of infringement proceedings

   2. 26A. Actionable threats

   3. 26B. Permitted communications

   4. 26C. Remedies and defences

   5. 26D. Professional advisers

   6. 26E. Supplementary: pending registration

   7. 26F. Supplementary: proceedings for delivery up etc.

9. Meaning of “the court” and appeals

   1. 27. The court.

   2. 27A. Appeals from decisions of registrar

   3. 27B. Persons appointed to hear and determine appeals

   4. 28. The Appeal Tribunal.

10. Opinions service

    1. 28A. Opinions on designs

11. Powers and Duties of Registrar

    1. 29. Exercise of discretionary powers of registrar.

    2. 30. Costs and security for costs.

    3. 31. Evidence before registrar.

    4. 31A. Power to require use of forms

    5. 32. Powers and Duties of Registrar

12. Offences

    1. 33. Offences under s. 5.

    2. 34. Falsification of register, etc.

    3. 35. Fine for falsely representing a design as registered.

    4. 35ZA. Offence of unauthorised copying etc. of design in course of business

    5. 35ZB. Section 35ZA: enforcement

    6. 35ZC. Section 35ZA: forfeiture in England and Wales or Northern Ireland

    7. 35ZD. Section 35ZA: forfeiture in Scotland

    8. 35A. Offence by body corporate or partnership: liability of officers or partners

13. Rules, etc.

    1. 36. General power of Board of Trade to make rules, etc.

    2. 37. Provisions as to rules and Orders.

    3. 37A. Use of electronic communications

    4. 38.

14. Supplemental

    1. 39. Hours of business and excluded days.

    2. 40. Fees.

    3. 41. Service of notices, etc., by post.

    4. 42. Annual report of registrar.

    5. 43. Savings.

    6. 44. Interpretation.

    7. 45. Application to Scotland

    8. 46. Application to Northern Ireland.

    9. 47. Application to Isle of Man.

    10. 47A. Territorial waters and the Continental shelf.

    11. 48. Repeals, savings, and transitional provisions.

    12. 49. Short title and commencement.

15. SCHEDULES

    1. SCHEDULE A1

       Grounds for refusal of registration in relation to emblems etc.

       1. 1. Grounds for refusal in relation to certain emblems etc.

       2. 2. Grounds for refusal in relation to emblems etc. of Paris Convention countries

       3. 3. Grounds for refusal in relation to emblems etc. of certain international organisations

       4. Paragraphs 2 and 3: supplementary

          1. 4. (1) For the purposes of paragraph 2 above state emblems...

       5. Interpretation

          1. 5. In this Schedule— “a Paris Convention country” means a country,...

    2. FIRST SCHEDULE

       Provisions as to the use of Registered Designs for the services of the Crown and as to the Rights of Third Parties in respect of such use

       1. 1. Use of registered designs for services of the Crown.

       2. 2. Rights of third parties in respect of Crown use.

       3. 2A. Compensation for loss of profit.

       4. 3. Reference of disputes as to Crown use.

       5. 4. Special provisions as to Crown use during emergency.

    3. SCHEDULE 1A

       EUROPEAN COMMUNITY REGISTERED DESIGNS

       1. PART 1 Existing registered Community designs

          1. 1. Designs registered as Community designs to be treated as registered under the Act

          2. 2. Entries to be made in the register in relation to designs treated as registered under this Act

          3. 3. Opt out

          4. 4. Effect of claim of priority

          5. 5. Unregistered pre-exit transfers

          6. 6. Pre-exit licences to continue to have effect in the United Kingdom

          7. 7. Security interests in existing registered Community designs

          8. 8. Continuity of rights in relation to an existing registered Community design

          9. 9. Pending proceedings concerning an existing registered Community design

          10. 9A. Existing registered Community design: effect of invalidity

          11. 10. Effect of injunction protecting an existing registered Community design

       2. PART 2 Applications for registered Community designs which are pending at IP completion day

          1. 11. Applications for registration pending immediately before IP completion day

          2. 12. (1) Where a person who has filed an existing EU...

       3. PART 3 Registered Community designs where publication is deferred at IP completion day

          1. 13. Designs registered at the EUIPO immediately before IP completion day where publication is deferred

          2. 14. (1) This paragraph applies where the proprietor of a deferred...

       4. PART 4 Treatment of registered Community designs whose registrations expire during the period of six months ending on IP completion day

          1. 15. Application of Part

          2. 16. Renewal of registration of an expired Community design

       5. PART 5 Restoration of registered Community design registrations and applications

          1. 17. Restoration of registered Community design to the RCD register

          2. 18. Restoration of application for registered Community design

       6. PART 6 Interpretation

          1. 19. Interpretation

          2. 20. References in this Schedule to an “Article” are to an...

    4. SCHEDULE 1B

       INTERNATIONAL DESIGNS

       1. PART 1 Existing international designs

          1. 1. International designs in respect of which the European Union is designated to be treated as registered under the Act

          2. 2. Entries to be made in the register in relation to designs treated as registered under this Act

          3. 3. Opt out

          4. 4. Effect of claim of priority

          5. 5. Unregistered pre-exit transfers

          6. 6. Pre-exit licences to continue to have effect in the United Kingdom

          7. 7. Security interests in protected ... international registered designs (EU)

          8. 8. Continuity of rights in relation to a protected international registered design (EU)

          9. 9. Pending proceedings concerning a protected international registered design (EU)

          10. 10. Effect of injunction protecting a protected international registered design (EU)

       2. PART 2 International registrations in respect of which the period for refusal has not expired before IP completion day etc

          1. 11. (1) In this Part references to a “pending international design...

          2. 12. (1) Where the holder of the international registration to which...

       3. PART 3 Treatment of international registered designs whose registrations expire during the period of six months ending on IP completion day

          1. 13. Application of Part

          2. 14. Renewal of registration of an expired international design

       4. PART 4 Interpretation

          1. 15. Interpretation

    5. SECOND SCHEDULE